Types of assault charges
- Assault (Criminal Code s. 266): intentionally applying force to someone without their consent, or threatening to. The maximum is 5 years if the Crown proceeds by indictment, and two years less a day if it proceeds summarily.
- Assault with a weapon or causing bodily harm (s. 267): this section also covers assault by choking, suffocating or strangling. The maximum is 10 years.
- Aggravated assault (s. 268): wounding, maiming, disfiguring or endangering someone's life. The maximum is 14 years.
- Uttering threats, mischief and criminal harassment often get laid alongside an assault charge.
There's no separate offence called domestic assault. It's an assault charge where the complainant is a current or former partner or a family member. In Ontario these cases go through a dedicated domestic violence court process, and the Crown treats them seriously.
Why domestic cases work differently
In Ontario, police are expected to lay a charge in a domestic situation when they believe there are grounds, whether or not the complainant wants that. That's why we hear so often from clients whose partner tells them, "I never wanted this to happen."
Once a charge is laid, only the Crown can withdraw it. The complainant can't drop the charges, although their wishes and whether they're willing to testify do matter.
Release conditions usually include no contact with the complainant and staying away from the home. These can sometimes be changed, either with the Crown's consent or through a bail variation application, for example when the complainant supports contact. We handle these variations regularly, because living apart for months can be devastating for a family.
Ways to finish the case without a criminal record
- Withdrawal: the Crown withdraws the charge, for example because the evidence doesn't hold up.
- Peace bond (s. 810): you agree to keep the peace and follow conditions, usually for 12 months, and the charge is withdrawn. A peace bond is not a conviction.
- Partner Assault Response (PAR) program: in some first-time domestic cases, completing this counselling program can lead to a peace bond or a discharge.
- Discharge: you're found guilty but not convicted. The record is removed from the national police database after one year for an absolute discharge, or three years for a conditional discharge, as long as you follow the conditions.
- Acquittal after trial.
Which of these is realistic depends on the facts, any injuries, your record and the Crown's position. We'll give you an honest view once we've reviewed the disclosure.
Self-defence and other defences
Self-defence under section 34 of the Criminal Code is a complete defence if you believed on reasonable grounds that force was being used or threatened against you or someone else, you acted to protect yourself or them, and what you did was reasonable in the circumstances.
Many assault cases also come down to credibility. We look closely at inconsistencies between statements, 911 calls, text messages, video from phones and buildings, and medical records. Sometimes the strongest evidence is what the other side left out.
Immigration and travel
An assault conviction can affect permanent residence, citizenship, and work or study permits, and it can cause trouble at the U.S. border. For non-citizens, a peace bond, withdrawal or discharge is often far better than a conviction, even a minor one. Because our firm also practises immigration law, we factor this in from day one.
Assault charges in Peel and Halton
Assault charges laid by Peel Regional Police in Mississauga and Brampton are heard at the A. Grenville & William Davis Courthouse in Brampton. Halton charges from Oakville and Milton go to the Milton Courthouse. We appear at both.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
My partner wants to drop the charges. Can they?
No. Once police lay a charge, only the Crown can withdraw it. Your partner can tell the Crown what they want, and that can matter, but the decision belongs to the Crown.
Can I go home while the case is going on?
Only if your release conditions allow it. If they don't, a lawyer can ask the Crown to agree to a change or bring a bail variation application. Never go home or make contact until the conditions have actually been changed.
Will a first-time domestic assault charge give me a criminal record?
Not necessarily. Many first-time cases end with a peace bond, a PAR program followed by a peace bond or discharge, or a withdrawal. None of those is a criminal conviction. It depends on the facts and the Crown's position.
Does a peace bond show up on a background check?
A peace bond isn't a criminal record. While it's in effect, though, it can show up on some police checks, and some employers may ask about it.
What if I was only defending myself?
Self-defence is a full defence if your belief that you were being threatened was reasonable and your response was reasonable in the circumstances. Tell your lawyer everything, including any injuries you had and any witnesses.
How long will my case take?
Many Peel cases take several months to a year. Under R. v. Jordan, cases in the Ontario Court of Justice generally have to be completed within 18 months of the charge, with some exceptions.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we meet in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.