Under s. 265 of the Criminal Code, an assault occurs when a person intentionally applies direct or indirect force to another without consent, or attempts or threatens to do so. It also covers accosting or impeding a person while carrying a real or imitation weapon.

What are some defences to an assault charge?

Common defences include consent (express or implied), mistaken belief in consent, and self-defence using force that is reasonable in the circumstances to protect yourself, family, or property.

Assault Lawyer Toronto

Q: Is harm an element of an assault charge?

No. Harm is not required. A person can commit an assault even with minimal force — a push or pinch can be enough. The force must be offensive or an affront to dignity, but visible injury is not necessary.

Q: How much force is required to commit an assault?

Any amount of intentional touching may constitute force. Violent or forceful contact is not required. Courts have dismissed charges where the force was minimal or incidental, such as contact during a heated exchange or minor pushing.

Q: What if I accidentally hit someone?

The application of force must be intentional. Unintentional or reflexive contact, or jostling on a crowded bus, will not support an assault conviction. However, hitting the wrong person while intending to hit someone else is still an assault.

Q: What is the difference between an assault, an assault with a weapon, an assault causing bodily harm and an aggravated assault?

Simple assault involves force by hands, legs, or feet. Assault with a weapon involves an object used in the attack. Assault causing bodily harm requires injury that interferes with health or comfort. Aggravated assault requires wounding, maiming, disfiguring, or endangering life.

Q: What are the penalties for an assault?

Simple assault: up to 5 years (indictment) or 2 years less a day (summary). Assault causing bodily harm: up to 10 years. Aggravated assault: up to 14 years. Less serious cases can result in probation, a fine, or a conditional discharge with no criminal record.

How To Defend Assault Charges

If you've been charged with assault, you need a criminal defence lawyer who knows this area of law — not one who handles it on the side. Our lawyers have defended assault charges across Ontario and appear regularly in courtrooms throughout the GTA, including Toronto, Newmarket, Oshawa, Brampton, and Milton.

Daniel Brown is certified as a specialist in criminal law by the Law Society of Ontario — a designation held by fewer than 2% of criminal lawyers in the province. He has fought assault charges at every level, from first-appearance negotiations to contested trials to appellate courts. Many of his clients have had charges withdrawn by the Crown or dismissed entirely by the court.

The firm is ranked among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine and among the nation's leading criminal defence and appellate firms by Best Lawyers. The Globe and Mail named us one of Canada's Best Law Firms for 2026. We are also repeat winners in the Toronto Star Readers' Choice Awards for Best Lawyer, Best Law Firm, and Best Legal Services.

For those facing domestic assault charges, specific considerations apply. Please read our article on defending domestic assault charges to learn more.

To learn more about assault, assault with a weapon, assault causing bodily harm and aggravated assault, read the frequently asked questions below.

Frequently asked questions about assault:

What is an assault?
Is harm an element of an assault charge?
How much force is required to commit an assault?
What if I accidentally hit someone?
What is the difference between an assault, an assault with a weapon, an assault causing bodily harm and an aggravated assault?
What are some defences to an assault charge?
What are the penalties for an assault?

This article contains legal information about assault, assault causing bodily harm, aggravated assault and assault with a weapon charges in Toronto, Ontario. Those looking for advice on criminal assault charges should consult a criminal lawyer.

What is an assault?

The definition of assault is found in the Criminal Code at section 265. Generally, an assault occurs when a person intentionally applies direct or indirect force to another person without the other person's consent. An assault can also occur where a person attempts or threatens to intentionally apply direct or indirect force to another. A person can also be convicted of assault if they accost or impede another person or beg while openly wearing or carrying a real or imitation weapon.

Is harm an element of an assault charge?

No — harm is not required. A person can commit an assault even if they exert no significant degree of strength or power when touching the other person. The force must be offensive or an affront to an individual's dignity. A push or pinch can, in some circumstances, be enough to ground a criminal assault charge.

How much force is required to commit an assault?

Any amount of intentional touching may constitute an intentional application of "force." Violent or forceful contact is not required. Some assault charges are dismissed because the amount of force used was minimal. Courts have thrown out charges where the accused pushed the complainant to exit an office, where there was minor contact in the course of a heated domestic squabble, and where there was incidental physical contact during a dispute with a parking control officer.

What if I accidentally hit someone?

The application of force must be intentional. Accidentally hitting someone during an epileptic seizure would not constitute an assault. Similarly, the jostling that occurs on a crowded bus — unintentional, incidental contact — will not lead to an assault conviction. A reflex action is not an assault either.

There is one important exception. Accidentally hitting the wrong person — meaning you intended to hit someone else — is not a defence. As long as you intended to apply force to any individual, the offence is made out regardless of who actually gets hit.

What is the difference between an assault, an assault with a weapon, an assault causing bodily harm and an aggravated assault?

The distinctions come down to how the force was applied and how much harm resulted.

A "simple assault" typically involves force applied by the hands, legs or feet. Assault with a weapon involves an inanimate object — a stick, bat, knife, or thrown object — and can even include ordering a dog to attack someone. The more serious categories of assault are defined by the harm caused:

Assault Causing Bodily Harm: The injury must be more than transient or trifling — it must interfere with the complainant's health or comfort in a meaningful way.

Aggravated Assault: The most serious category. The injury must wound, maim, disfigure, or endanger the life of another. These are the cases where significant jail time is on the table.

While some simple assault charges result in no jail time, an aggravated assault conviction can mean several years behind bars depending on how serious the injuries were.

What are some defences to assault?

Every assault allegation is different. The right defence depends on the facts. Here are the most common ones that come up:

Consent:

For an assault to have occurred, the Crown must prove that the force was applied without consent. Consent can be express or implied. Social circumstances create implied consent to certain types of touching — think physical contact between domestic partners in a longstanding relationship, or contact during a sporting event.

There are limits. Implied consent doesn't protect you from charges of assaulting a police officer. Consent obtained by fraud or by force is not valid consent at all. And no one can consent to being killed or seriously injured — agreeing to a fight does not mean you consented to significant bodily harm.

Mistaken Belief in Consent:

Even where consent did not actually exist, the accused can argue they honestly believed the other person had consented to the contact. An honest but mistaken belief in consent is a valid defence to an assault charge.

Self-Defence:

The law permits the use of force to protect yourself, close family members, or your property — provided the force used is reasonable in the circumstances. Whether it was reasonable is entirely fact-specific. Follow this link for more information on self-defence and the recent changes to self-defence laws in Canada.

What are the penalties for an assault?

A conviction for assault carries real consequences. You can receive a criminal record and be sentenced to jail.

The maximum sentence for simple assault is two years less one day (summary conviction) or five years (indictment). For assault causing bodily harm, the maximum is 10 years. For aggravated assault, it is 14 years. The greater the harm, the harsher the sentence — that is the general rule.

Less serious allegations may result in probation with counselling, a fine, or a conditional discharge with no criminal record. The range is wide. Where a case falls within it depends heavily on the specific facts and on how it is defended.

Beyond the courtroom, a conviction for assault, assault causing bodily harm or aggravated assault can affect your ability to find work, travel outside Canada, or obtain citizenship. For non-citizens, serious assault charges can trigger deportation proceedings.

Related Criminal Charges

Those facing assault charges are sometimes also charged with, or want to understand, related offences:

Domestic assault — assault between intimate partners
Uttering threats — threatening to cause death or bodily harm
Robbery — theft combined with violence or the threat of violence
Forcible confinement — unlawfully confining another person
Weapons offences — possession of a weapon during an assault
Criminal harassment — stalking or repeated threatening conduct

A criminal defence lawyer can review the facts of your case and identify which defences apply. Call Daniel Brown Law at (416) 297-7200 for a consultation about your assault charge.