What Is Assault Under the Criminal Code?

The short answer

In Canada, assault means using force on another person on purpose, without their consent. It also includes trying or threatening to use force, if you have, or appear to have, the present ability to carry out the threat. The definition is set out in s. 265 of the Criminal Code, and the same definition is used for every assault charge, from common assault to aggravated assault.

No injury is needed for a basic assault charge. A push, a grab or a slap can be an assault. An injury usually leads to a more serious charge, but it is not required for the basic offence, which surprises many people who are charged.

The legal definition

Section 265(1) says you commit an assault if you do one of the following:

• Applying force: You apply force to someone, directly or indirectly, on purpose and without their consent. Indirect force can include throwing an object at them.
• Attempting or threatening force: You attempt or threaten to apply force by an act or gesture, if you have, or the other person reasonably believes you have, the present ability to carry it out.
• Carrying a weapon: You openly carry a weapon or an imitation weapon while you confront or block someone, or while you beg.

The same definition also applies to sexual assault (s. 265(2)).

Consent and assault

Force with consent is usually not an assault. Everyday contact, like a handshake, a hug between friends or a tap on the shoulder, is not a crime.

However, consent is not valid if it was obtained through force, threats or fear of force, fraud, or the abuse of authority (s. 265(3)). Consent also has limits. Agreeing to a fight does not cover someone who intends to cause, and does cause, real injury to the other person.

For example, two people who agree to "settle it outside" can both be charged if one of them is seriously hurt.

Assault vs battery

Canada has no separate crime called battery. In some other countries, assault means a threat and battery means physical contact. In Canada, both kinds of conduct are covered by the single offence of assault.

Can words alone be an assault?

Usually not, because assault needs an act or gesture, or the actual use of force. Threatening words on their own, especially by phone, text or online, are more likely to be charged as uttering threats. See our uttering threats page.

The main assault charges

• Assault (s. 266): This is often called common or simple assault, and it carries up to 5 years on indictment.
• Assault with a weapon, causing bodily harm, or choking (s. 267): These carry up to 10 years on indictment.
• Aggravated assault (s. 268): This is an assault that wounds, maims, disfigures or endangers life, and it carries up to 14 years.

If the person is an intimate partner and the incident happened on or after July 17, 2026, the Crown can charge violence against an intimate partner under s. 263.1, which carries higher maximums. See violence against an intimate partner.

For a full side-by-side comparison, see types of assault compared.

What the Crown must prove for assault

Provocation and fights

Provocation is not a defence to assault. In the Criminal Code, provocation is only a partial defence to murder (s. 232). However, it can still matter at sentencing, because it may help explain why the incident happened.

The same facts may also support self-defence, which is a full defence. See self-defence to an assault charge.

Who decides whether a case goes ahead

Once police lay an assault charge, the decision to continue or withdraw it belongs to the Crown, not to the complainant. The Crown considers whether there is a reasonable prospect of conviction and whether a prosecution is in the public interest. The complainant's views are considered, but they do not decide the case. This rule applies with special force in intimate partner cases, where Ontario Crown policy says a charge should not be withdrawn only because the complainant asks.

Effects of an assault charge

Even before the case ends, an assault charge can have a real effect on your life. Release conditions may stop you from returning home or contacting certain people. Employers in some fields, such as health care, education and security, may ask about outstanding charges. For non-citizens, the type of charge and the possible maximum penalty can matter for immigration, so it is wise to get advice early.

What to do now

• Read your release papers carefully and follow every condition exactly.
• Do not discuss the incident with the complainant, witnesses or on social media.
• Save any messages, photos or video that relate to what happened.
• Get legal advice before you give any statement to police.

Assaulting a police officer

Assaulting a peace officer, or someone assisting a peace officer, is a separate offence under s. 270 of the Criminal Code. It also covers assaults intended to resist or prevent a lawful arrest. The charge is often laid together with other offences after a struggle during an arrest, and the lawfulness of the officer's actions can become an important issue in these cases.

Assault and young people

If the person charged was between 12 and 17 years old, the Youth Criminal Justice Act applies. Police and the Crown must consider warnings and programs first, and youth records have strict limits on who can see them. See our youth criminal justice page.

How we can help

We can review what police say happened, explain which charge fits the evidence and what the Crown has to prove, and protect your position from the first court date. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions