Quick Answer
Point Duty defends assault charges under Criminal Code s.266, where no injury is required — any intentional force without consent meets the threshold. A summary conviction carries up to two years less a day and a criminal record that reaches employment, U.S. travel, and immigration status. A licensed paralegal can act; peace bonds, diversion, and discharges leave no record.
Any intentional application of force without consent — from a shove to a strike. Defended on consent, self-defence, de minimis, or evidentiary grounds.
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 is a hybrid offence: up to five years on indictment, or up to two years less a day on summary conviction.
Summary conviction: up to 2 years less a day imprisonment and/or a fine of up to $5,000. On indictment: up to 5 years. 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.
Simple assault under s.266 sits on the Law Society of Ontario’s permitted list for regulated agents, so a paralegal may act once the Crown elects to proceed by summary conviction — the common election on a first allegation without serious injury. If the Crown elects to proceed by indictment, the matter needs a lawyer and I tell you so immediately. Where the paralegal scope line falls, and why.
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.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
