Assault Charges in Ontario
Updated October 8, 2026
An assault allegation can arise from a brief confrontation or an incident involving serious injury. The charge, evidence and available defences must be examined carefully. This overview explains non-sexual assault offences, consent, self-defence and practical steps after a charge. It does not predict the result of an individual case.
What amounts to assault?
Section 265 of the Criminal Code includes intentionally applying force to another person without consent, directly or indirectly. Physical contact is not always required: certain attempts or threats by an act or gesture can also qualify where the statutory requirement concerning present ability is met. The provision also addresses specified conduct while openly carrying a weapon or imitation weapon.
The prosecution must prove the elements of the charged offence beyond a reasonable doubt. Disputes may concern who was involved, whether force was intentional, what actually happened, the alleged injury, consent or a legally available defence. An accusation is not a finding of guilt.
Different assault offences
Assault under section 266 may be prosecuted by indictment or summary conviction.
Section 267 addresses an assault involving carrying, using or threatening to use a weapon or imitation weapon, causing bodily harm, or choking, suffocating or strangling the complainant.
Aggravated assault under section 268 concerns wounding, maiming, disfiguring or endangering the complainant’s life.
“Domestic assault” commonly describes the relationship context of an allegation; the actual charge still needs to be identified. Sexual assault involves additional legal rules and should not be treated as ordinary assault merely because both involve force. See Sexual Offences Charges Are Different for related discussion.
Consent and mistaken belief
Consent is assessed in the circumstances and is subject to legal limits. Section 265(3) excludes consent where submission or non-resistance results from specified force, threats or fear, fraud, or the exercise of authority. Lack of resistance alone does not establish consent.
An asserted belief in consent is not automatically a defence. Section 265(4) addresses the evidence required before that issue is put to a jury and the relevance of reasonable grounds to an alleged honest belief. The applicable law and evidence must be assessed; sexual-assault allegations have further restrictions not covered by this overview.
Self-defence and defence of property
Under section 34, self-defence requires a belief on reasonable grounds that force or a threat of force is directed at oneself or another person, a protective purpose, and an act that is reasonable in the circumstances. The court considers relevant factors, including the threat, available alternatives, each person’s role, weapons, relationship history and the response. Saying “I was defending myself” does not settle those questions.
Defence of property under section 35 is a separate provision with its own requirements and limits. Protecting property does not provide an unrestricted right to use force. A lawyer should assess the defence that the evidence actually supports.
Evidence, release conditions and next steps
Preserve potentially relevant messages, photographs, recordings, medical records and witness information without altering them. Give your lawyer an accurate chronology. Disclosure must be reviewed before deciding how to answer the allegation; credibility, context and gaps in the evidence may matter.
Read and follow every release condition. Do not assume that a complainant’s invitation permits contact prohibited by an order. Obtain advice about the lawful process for seeking a change. Keep track of court dates and seek legal advice promptly.
Possible outcomes and consequences
The outcome depends on the proven facts, the particular offence, the prosecution’s election where applicable, the available defences and sentencing law. The maximum penalties differ between sections 266, 267 and 268; a statutory maximum is not a prediction of sentence. A discharge or another particular outcome should never be assumed.
Criminal proceedings may also affect immigration, employment or professional obligations. Those consequences require their own assessment before a plea or resolution is chosen.
Related reading
Speak with counsel
Contact the Law Office of Kalina & Tejpal or call 416-900-6999 to discuss an assault allegation. Learn more about our criminal defence services.
General information only, not legal advice. The current legislation, disclosure and circumstances must be checked for the specific case.