A charge of assault in Canada puts your record, your job and your family arrangements at risk. This guide sets out how the Criminal Code defines assault, the four charges you can face, what happens after arrest, and the defences that work.
The Mike Murphy Law Group defends these charges from offices in Moncton, Halifax, Charlottetown, St. John’s and Saint John.
Assault in Canada Is Force Applied Without Consent
Assault in Canada is a federal offence under the Criminal Code, so the law is the same in every province.
Section 265 of the Criminal Code defines assault as the intentional application of force to another person, directly or indirectly, without consent. No injury is needed. An attempt or a threat to apply force counts if the other person reasonably believes you can carry it out.
Raising a fist, blocking someone’s path or spitting on someone can each be charged. The element that matters is consent to the contact.
The Criminal Code Sets Four Assault Offences
The Criminal Code splits assault into four offences by severity. The charge sets the maximum penalty and how hard the Crown will push.
Simple Assault (Section 266) Carries Up to Five Years
The most common charge. Pushing, shoving, slapping, a fight. No visible injury is needed.
It is a hybrid offence, so the Crown chooses summary or indictable. Summary: two years less a day and a $5,000 fine. Indictment: five years.
The word “simple” is misleading. A conviction is a permanent criminal record that affects employment, crossing the border into the United States, volunteer work and custody.
Assault Causing Bodily Harm (Section 267) Carries Up to 10 Years
Applies where the injury is more than transient or trifling. The Criminal Code defines bodily harm as any hurt that interferes with health or comfort. Broken bones, stitches, concussions and lasting bruising all qualify. Hybrid, with a maximum of 10 years on indictment.
Assault with a Weapon (Section 267) Carries Up to 10 Years
Using, carrying or threatening to use a weapon during the assault. A weapon is anything used to injure someone: a bottle, a bat, a car, a shoe. Maximum of 10 years on indictment. Where there is both a weapon and bodily harm, the court treats each as an aggravating factor at sentencing.
Aggravated Assault (Section 268) Carries Up to 14 Years
The victim is wounded, maimed, disfigured or their life is endangered. Indictable only, maximum 14 years. Stabbings, beatings that lead to hospital, permanent scarring or disability.
Assault in Canada Against a Partner Brings Arrest, a Bail Hearing and a No-Contact Order
Where the complainant is an intimate partner or family member, the police and the courts run a different process.
What Is Intimate Partner Violence (IPV)?
Any assault in Canada where the complainant is a current or former spouse, common-law partner or dating partner. The Criminal Code makes that relationship an aggravating factor at sentencing, so the same assault against a partner draws a harsher sentence than against a stranger.
Police forces across Canada have mandatory arrest policies. If officers attend a domestic call and see evidence of an assault, they arrest whether or not the complainant wants charges.
Domestic Bail Conditions Include a No-Contact Order
After a domestic arrest you will usually be held for a bail hearing rather than released from the station. The Justice of the Peace or judge must be satisfied that release will not endanger the complainant.
A no-contact order is standard. You cannot:
- Call, text, email or message the complainant on any platform
- Ask anyone to pass a message for you
- Return to a shared home, even for belongings, without police supervision
- Attend the complainant’s workplace, school or usual locations
Breaching any condition is a separate offence. You will be arrested, charged with Failure to Comply, and your chance of bail a second time drops sharply.
How Is Assault in Canada Prosecuted?
The Crown elects the mode of trial, must disclose its file, and can divert a first offender.
The Crown Elects Summary or Indictable on Most Charges
Most assault charges are hybrid. The Crown elects based on the incident, your record and the strength of the evidence. Summary proceedings carry lighter penalties and shorter limitation periods. A New Brunswick assault defence lawyer will push for a summary election whenever the facts allow it.
The Crown Represents the Public and Must Disclose Its Evidence
The Crown represents the public, not the complainant. It reviews the police file and decides whether there is a reasonable prospect of conviction and whether prosecution is in the public interest.
The Crown must disclose all evidence to your lawyer: police reports, witness statements, video, 911 recordings. Reading that disclosure closely is the first real step in the defence. Weak evidence can persuade the Crown to withdraw. Strong evidence can still be negotiated down to a reduced charge, a peace bond or diversion.
Diversion Can End a First Charge Without a Record
First-time offenders on less serious charges may qualify for diversion: counselling, community service or anger management in exchange for withdrawal. Eligibility depends on the province, the offence and your record, and not every Crown agrees.
Four Defences Answer a Charge of Assault in Canada
A charge is not a conviction. The Crown must prove every element beyond a reasonable doubt.
Self-Defence (Section 34) Allows Reasonable Force
Section 34 of the Criminal Code lets you use reasonable force to protect yourself or another person from an actual or threatened assault. The court weighs the severity of the threat, whether a weapon was involved, the size and strength of the parties, your role in the incident, and whether your response was proportionate. You cannot meet a minor threat with lethal force. You do not have to retreat from your own home.
Consent Covers a Fair Fight but Not Bodily Harm
People who agree to fight have consented, and contact sports involve consent to a level of contact. The limit is bodily harm. You cannot consent to it, so a consensual fight that ends in serious injury loses the defence.
Accidental Contact Is Not Assault
The Crown must prove you intended to apply force. Tripping into someone or a reflexive movement is not assault. Without mens rea the charge fails.
A Charter Breach Can Exclude the Crown’s Evidence
Were your Charter rights breached during the arrest? Was identification flawed? Do the witness statements contradict each other? Does the video disagree with the police report?
An unlawful search or a failure to advise you of your right to counsel supports an application to exclude the evidence under section 24(2) of the Canadian Charter of Rights and Freedoms. Lose the key evidence and the Crown’s case can fall apart.
Sentences for Assault in Canada Turn on Aggravating and Mitigating Factors
Sentence depends on the offence, the circumstances and your history.
These Factors Raise the Sentence
- The victim was your intimate partner
- The victim was a child, an elderly person or otherwise vulnerable
- A weapon was used
- The injuries were severe
- You have a prior record
- The offence was motivated by bias, prejudice or hate
These Factors Lower the Sentence
- No prior record
- Genuine remorse
- Completed counselling or anger management
- Stable employment and community ties
- Mental health or substance issues that contributed
- Provocation by the victim
Outcomes Range From a Discharge to Federal Prison
Outcomes run from an absolute or conditional discharge, which leaves no criminal record, to years in federal prison. For a first simple assault, a peace bond, probation or a conditional discharge is often achievable. Aggravated assault convictions commonly draw several years.
A Defence Lawyer Finds the Weaknesses in the Crown’s File
A conviction means a permanent record, possible prison, travel restrictions and reputational damage. Do not represent yourself.
A criminal defence lawyer from the Mike Murphy Law Group team knows the Criminal Code procedure, negotiates with the Crown, and finds the weaknesses in the file that an accused person cannot see. The Nova Scotia assault defence lawyers at the firm defend clients across New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador.
If you also face New Brunswick drug charges, one firm handling both keeps the defence coordinated.
FAQ
Can the Victim Drop Assault Charges in Canada?
No. Once police lay the charge, it belongs to the Crown. The complainant is a witness. Only the Crown can withdraw or stay a charge. A complainant who recants or will not cooperate does weaken the Crown’s case, and your lawyer can use that in negotiation.
Will I Go to Jail for a First-Time Assault Offence?
Possible, not guaranteed. For a minor simple assault with no injury, a peace bond, an absolute or conditional discharge, or diversion is often available. Those keep you out of jail and may keep your record clean.
What Happens If I Breach My Bail Conditions?
You will be arrested and charged with Failure to Comply under the Criminal Code. Bail a second time is much harder, and you may be held until trial. Follow every condition exactly as written.
How Long Does an Assault Case Take in Canadian Courts?
A simple assault resolved early can finish in 3 to 6 months. Aggravated assault or multiple charges can take 12 to 18 months or more. The Supreme Court of Canada’s Jordan decision sets presumptive ceilings of 18 months in provincial court and 30 months in superior court, after which delay may lead to a stay.
What Is a Peace Bond and How Does It Help Me?
A court order under section 810 of the Criminal Code to keep the peace and be of good behaviour, usually for 12 months, in exchange for withdrawal of the charge. It is not a conviction and creates no criminal record.
The Firm Offers a Free Consultation on Assault Charges
Early advice changes outcomes. The assault lawyer page and the criminal defence page explain how the firm handles these charges.