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.
Welland criminal matters are heard at the Welland Courthouse on East Main Street. Provincial offences from all twelve Niagara municipalities are heard at the Niagara Region POA court, further along the same street.
102 East Main Street, Welland, ON L3B 3W6
(905) 735-0010
South Niagara criminal matters. North Niagara matters are heard at the St. Catharines courthouse on Church Street.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
