Being charged with assault in Ontario is a serious matter. Assault charges range from summary offences that rarely result in jail time to indictable offences carrying up to 14 years imprisonment. Understanding what you're facing is the first step.
Types of Assault Charges in Ontario
- Common Assault (s.266): Application of force without consent, or threatening to do so. Punishable by up to 5 years on indictment or 18 months summary.
- Assault with a Weapon or Causing Bodily Harm (s.267): Up to 10 years.
- Aggravated Assault (s.268): Wounding, maiming, or endangering life. Up to 14 years.
- Sexual Assault: Carries mandatory minimum sentences and sex offender registry requirements.
Common Defences
- Self-defence: You reasonably believed force was necessary to protect yourself or others
- Consent: The complainant consented to the contact (relevant for some contexts)
- Mistaken identity: You were not the person who committed the act
- Lack of intent: The contact was accidental
- Provocation: Can reduce murder to manslaughter but not a complete defence to assault
Domestic Assault
Charges involving family members or intimate partners are treated particularly seriously in Ontario. Crown prosecutors follow strict policies requiring charges to proceed even when the complainant doesn't want to. Bail conditions typically prohibit contact with the complainant.
The Importance of Legal Counsel
Do not speak to police without consulting a lawyer. Even innocent people can inadvertently make statements that are used against them. Get legal advice before your bail hearing.