What Happens After You're Charged with Assault in Ontario?
Home >> Blogs >>What Happens After You're Charged with Assault in Ontario?
After an assault charge in Ontario, you’ll typically be released with conditions or held for a bail hearing, then move through disclosure, pre-trial discussions, and possibly trial. Simple assault under section 266 of the Criminal Code is a hybrid offence, carrying up to 5 years in prison if the Crown proceeds by indictment, or up to 2 years less a day and/or a $5,000 fine on summary conviction.
An Assault Charge Moves Fast — Here's What to Expect
One argument, one physical moment, one call to police, and suddenly you’re facing an assault charge Ontario courts take seriously, regardless of how the incident started. Whether it was a fight, a domestic dispute, or a workplace altercation, the legal process that follows is largely the same, and understanding it can make an overwhelming situation feel more manageable.
This guide walks through what actually happens after an assault charge in Ontario, what the law says about penalties, and where a lawyer fits into each stage of the process.
The Different Levels of Assault Charges in Ontario
Charge | What It Involves |
|---|---|
Simple Assault (s. 266) | Unwanted contact or a credible threat, without serious injury |
Assault Causing Bodily Harm / With a Weapon (s. 267) | Physical harm requiring medical attention, or the use or threatened use of an object |
Aggravated Assault (s. 268) | An act that wounds, maims, disfigures, or endangers the life of the complainant |
The level of charge you’re facing has a direct impact on both the potential penalty and how your case will move through the courts.
What Happens Immediately After You're Charged
Arrest and Release
Police may release you on the spot with conditions — often including no-contact terms — or hold you for a bail hearing if they believe detention is necessary.
Bail Hearing
If you’re held, a Justice of the Peace decides whether you’ll be released and under what conditions, typically within 24 hours of arrest.
Disclosure
The Crown is required to share its evidence with your defence, including witness statements and police notes.
Pre-Trial Discussions
Depending on the strength of the evidence, your lawyer may pursue a peace bond, diversion, or a negotiated resolution with the Crown.
Trial or Resolution
If no resolution is reached, the matter proceeds to trial, where the Crown must prove the charge beyond a reasonable doubt.
Simple Assault Penalty: What the Law Actually Says
Because assault is treated as a hybrid offence, the Crown decides whether to proceed summarily or by indictment, and that choice significantly affects the potential outcome. Understanding the simple assault penalty structure helps put the process in context:
- By summary conviction — a maximum of two years less a day in custody, a fine of up to $5,000, or both
- By indictment — a maximum of five years’ imprisonment
The Crown typically proceeds summarily for first-time offenders or less serious incidents, and by indictment for more serious or repeat matters. Neither route carries a mandatory minimum sentence, which means outcomes like an absolute or conditional discharge, probation, or a peace bond remain realistic possibilities in many cases — particularly with strong legal representation.
Common Defences to an Assault Charge
Every case turns on its specific facts, but several defences come up regularly in assault matters:
- Self-defence — reasonable force used to protect yourself or someone else
- Consent — for example, in the context of a consensual altercation or contact sport
- Lack of intent — the Crown must prove the act was intentional, not accidental
- Mistaken identity or unreliable witness evidence — particularly relevant when the incident happened quickly or in a chaotic setting
A lawyer’s first job is to review the evidence carefully and determine which of these, if any, genuinely fit the facts of your case.
How an Assault Charge Can Affect Your Life Beyond the Courtroom
Even a conviction for a relatively minor incident creates a criminal record, and that record can follow you well beyond the courtroom. Employment background checks, professional licensing, and eligibility for certain volunteer or regulated positions can all be affected by an assault conviction. A criminal record can also be a factor in future travel outside Canada, so it’s worth discussing your specific situation with a lawyer if that’s a concern.
This is part of why so many people facing even a first-time, low-level charge choose to fight it rather than assume it isn’t worth the effort.
What to Do If You've Been Charged With Assault
- Say as little as possible to police beyond identifying yourself
- Avoid contacting the complainant or witnesses, even to try to resolve things informally
- Write down your own account of events while it’s fresh, for your lawyer’s use
- Contact a criminal defence lawyer as early as possible in the process
The earlier a lawyer becomes involved, the more opportunity there is to preserve helpful evidence and avoid statements that could complicate your defence later.
Talk to a Toronto Criminal Defence Lawyer Before Your Next Court Date
An assault charge in Ontario is serious, but it isn’t necessarily the end of the story. With the right legal strategy, a very different outcome is often possible.
N Sandhu Law is a Toronto criminal defence law firm with more than 25 years of experience defending clients against assault and other criminal charges across the Greater Toronto Area. Explore our full range of
criminal defence services to see how we can help with your case.
Book a free, confidential consultation with a Toronto criminal defence lawyer today.
FAQ
What happens right after you’re charged with assault in Ontario?
You’ll typically be released with conditions or held for a bail hearing, followed by disclosure, pre-trial discussions, and possibly trial.
What is the maximum penalty for simple assault in Ontario?
Under section 266 of the Criminal Code, the maximum penalty is five years’ imprisonment if the Crown proceeds by indictment, or two years less a day and/or a $5,000 fine on summary conviction.
Can an assault charge be dropped if the other person doesn’t want to press charges?
No. Only the Crown decides whether to proceed with, reduce, or withdraw an assault charge, regardless of what the complainant wants.
Does a first-time assault charge always result in jail time?
Not necessarily. Outcomes like a discharge, probation, or a peace bond are realistic possibilities, particularly for first-time offenders with strong legal representation.
Should I speak to police before contacting a lawyer?
No. Always speak with a criminal defence lawyer before providing any statement to police.
How long does an assault case typically take in Ontario?
Timelines vary, but most matters resolve within 6 to 12 months, depending on complexity and court scheduling.
Will an assault conviction show up on a criminal record check?
Yes, unless the case results in a discharge or is otherwise resolved without a conviction, which is why early legal advice matters.
If you’ve been charged with assault, connecting with an experienced Criminal Lawyer Toronto as soon as possible can help protect your record and your rights.