An assault charge in Ontario is not a minor matter. It is a criminal charge under the Criminal Code of Canada, and a conviction creates a criminal record that follows you — through employment background checks, travel across borders, and professional licensing applications. Understanding what you're facing is the first step.
What is assault under the Criminal Code?
Assault under s.265 and s.266 of the Criminal Code is defined broadly: the intentional application of force to another person without their consent. This includes a shove, a grab, a strike, or any intentional physical contact the other person didn't agree to.
It does not require injury. It does not require a weapon. It does not require the other person to be hurt.
This is why assault charges arise from incidents that many people describe as minor — a push during an argument, a grab during a dispute, contact during a domestic disagreement. The threshold is lower than most people expect. (For more on the charge itself, see our assault offence page.)
What are the consequences of an assault conviction?
Assault (s.266) is a hybrid offence — the Crown chooses whether to proceed by summary conviction or by indictment. For most first-time accused on straightforward matters, the Crown proceeds by summary conviction, which keeps the matter within paralegal scope.
On summary conviction, the consequences can include:
- A criminal record. This is the consequence that affects people most. A criminal record appears on background checks run by employers, landlords, professional licensing bodies, and border agencies.
- Fine and/or probation. Most summary assault convictions result in a fine, a period of probation, or both.
- A conditional or absolute discharge. For first-time accused, a discharge — which does not result in a criminal record — is sometimes available. A conditional discharge comes with conditions to meet; an absolute discharge does not.
- A peace bond. In some cases, the charge is resolved through a peace bond under s.810, which requires you to keep the peace and be of good behaviour for a specified period. The charge is withdrawn on compliance — no conviction, no record.
What is the process after being charged?
Arrest or summons. You may have been arrested and released, or received a summons to appear in court. Either way, you have a court date.
First appearance. This is typically a short appearance where you confirm you've received the charge and indicate whether you have representation. Nothing is decided at first appearance.
Disclosure. The Crown is required to provide full disclosure — the officer's notes, any witness statements, video footage, and supporting evidence. This is the document we read line by line before any resolution discussion.
Crown resolution discussions. Most summary criminal matters, including assault charges, are resolved through Crown negotiation rather than trial. That resolution can be a withdrawal, a peace bond, a diversion program, or a reduced charge — depending on the disclosure, your record, and the specific facts of the matter.
Trial. If the matter doesn't resolve, it proceeds to trial. We prepare for trial on every file from the first retainer, regardless of whether we expect to need it.
Can an assault charge be withdrawn or diverted?
Yes, in many cases. The realistic outcomes depend on several factors:
Your prior record. First-time accused have significantly more options than those with prior criminal history. Diversion programs and peace bonds are typically only available to accused without a record.
The complainant's position. The Crown makes the decision to proceed — not the complainant — but the complainant's position is a factor the Crown weighs in resolution discussions.
The disclosure. What the officer's notes say, whether there is video, what witnesses observed, and whether there are procedural issues with how the charge was laid all affect the strength of the Crown's case.
The specific facts. Self-defence, consent, and de minimis contact are among the defences that apply in assault matters, depending on the circumstances.
What paralegal representation looks like on an assault file
We file appearances, request full Crown disclosure, and review every page before advising on the realistic outcomes. We then engage in Crown resolution discussions with the specific goal of the best outcome for your situation — whether that's withdrawal, diversion, a peace bond, a discharge, or trial preparation.
You deal directly with Kerlan on every file, from the first call to the last court date.
What to do right now
If you've been charged with assault in Ontario, time matters. Court dates have timelines, disclosure requests have procedures, and some resolution options close as the matter progresses.
If your matter is outside our scope (an indictable election, for example), we'll say so and refer you to the right person.
Charged with assault? Find out what the charge means and what your realistic options are. The first call is free. Call 1-866-647-6468 or book a consultation at pointdutytraffic.com.
— Point Duty Traffic Court Defence & Legal Services
This article is general information about Ontario criminal law and is not legal advice. Whether a charge can be resolved, and how, depends on the disclosure, your record, and the specific facts. Speak with a licensed paralegal about your matter.