Key Issues in Ontario
The overview below is general legal information. A lawyer must assess the evidence, current law and procedural history of your specific matter.
Assault and consent
Section 265 covers intentional applications of force without consent and certain threats or attempts. Whether consent applies and what the Crown must prove depends on the allegations.
Levels of assault
Assault under section 266, assault with a weapon or causing bodily harm under section 267, and aggravated assault under section 268 differ in elements and potential penalties.
Evidence and defences
Witness accounts, injuries, recordings, identification, intent and lawful defences such as self-defence may be relevant. The legal assessment is fact-specific.
Bail and contact restrictions
An accused may be subject to conditions concerning contact or attendance at particular places. Conditions remain binding unless lawfully changed.
Possible Outcomes
Assault charges resolve in many different ways depending on the evidence, the injuries, and your background. Depending on the case, a matter may be withdrawn, resolved through diversion, resolved with a peace bond, or taken to trial. Where there is a finding of guilt, a discharge may be available in appropriate cases, which does not result in a conviction.
How We Build Your Defence
Every defence starts with your disclosure. These are the issues we look at closely:
- Self-defence and defence of others under s. 34 of the Criminal Code
- Consent, including consent in sports and fights where the law allows it
- Credibility and reliability of the complainant and witnesses
- Video, phone, and third-party evidence that tells a different story
- Charter issues, including unlawful arrest or statements taken without access to counsel
- Delay under R. v. Jordan
Common Questions
The complainant doesn’t want to go ahead. Will the charge be dropped?
Not automatically. Once a charge is laid, the decision belongs to the Crown, not the complainant. Their wishes can matter, but you should not assume the case is over.
Will I get a criminal record?
Not necessarily. Withdrawals, peace bonds, diversion, and discharges are all outcomes that do not result in a conviction. Which ones are realistic depends on your case.
Can I contact the complainant to sort it out?
If your release conditions say no contact, any contact, including texts or messages through friends, is a new criminal charge. Speak to a lawyer first.
This page is general information about criminal law in Ontario, not legal advice. Every case turns on its own facts. Book a free consultation to talk about yours.