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Criminal Code s.265 / s.266

Assault charges in Ontario.

Quick Answer

An assault charge under Criminal Code s.266 in Ontario does not require injury — any intentional application of force without consent meets the threshold. On conviction, the most significant consequence is a criminal record. For first-time accused, outcomes including a peace bond, diversion, or absolute discharge — none of which result in a record — are frequently available.

Any intentional application of force without consent — from a shove to a strike. Defended on consent, self-defence, de minimis, or evidentiary grounds.

Charge
Criminal Code s.265 / s.266
Jurisdiction
All of Ontario
Consultation
Free & Confidential
i.

What the charge means

Under section 265 of the Criminal Code, a person commits assault when they intentionally apply force to another person, either directly or indirectly, without that person's consent. Simple assault under section 266 carries up to six months on summary conviction.

ii.

Penalties

Summary conviction: up to 6 months imprisonment and/or a fine of up to $5,000. A criminal record can affect employment, travel to the United States, and immigration status. Conditional discharges, peace bonds, and diversion are available in appropriate cases.

iii.

Available defences

  • Consent of the complainant
  • Self-defence under s.34
  • Defence of another person
  • Lack of intent to apply force
  • Identification or alibi
iv.

The process

First appearance, Crown screening form, judicial pre-trial, resolution discussions, and trial if necessary. Most matters resolve before trial through a peace bond, diversion, or withdrawal.

Common Questions

What is assault under the Criminal Code of Canada?

Under s.265, assault is the intentional application of force to another person without their consent. No injury is required — even an unwanted shove can meet the threshold. Simple assault falls under s.266.

What are the consequences of an assault conviction in Ontario?

On summary conviction, up to six months imprisonment and/or a fine of up to $5,000, plus a criminal record that can affect employment, U.S. travel, and immigration status.

Can an assault charge be withdrawn or diverted?

Yes. For first-time accused, outcomes such as a peace bond, diversion, or a discharge — none of which leave a criminal record — are frequently available.

Can a paralegal defend an assault charge in Ontario?

Yes. Simple assault prosecuted summarily is within paralegal scope. We review disclosure, conduct resolution discussions, and run the trial if necessary.
Charged with assault?

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