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Criminal Code s.265 / s.266

Assault charges in Kingston, Ontario.

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

Courthouse
Frontenac County Court House (Ontario Court of Justice)
Court Phone
(613) 548-6811
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 is a hybrid offence: up to five years on indictment, or up to two years less a day on summary conviction.

ii.

Penalties

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.

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.

v.

Notes for Kingston

Kingston handles matters from the 401 between Belleville and Brockville. OPP enforcement is heavy through this corridor and stunt-driving charges are common.

Criminal Court

Frontenac County Court House (Ontario Court of Justice)

279 Wellington Street, Kingston, ON K7K 0B5

(613) 548-6811

Kingston and Frontenac County criminal matters.

Charged with assault?

Defence starts with a conversation.

Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.