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.
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.
Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.
45 Main Street East, Hamilton, ON L8N 2B7
(905) 645-5252
Hamilton, Ancaster, Dundas, Stoney Creek, Flamborough and Glanbrook.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
