Assault Lawyers Toronto
If police charged you with assault, get legal advice before you speak to anyone about the allegation. The steps you take now can affect release conditions, your record, and the outcome of your case.
Why clients choose us:
- Toronto law firm with 24/7 availability for arrests and urgent bail issues
- Direct access to a criminal defence lawyer
- Exceptional track record of success defending assault charges
- Clear explanation of fees before you retain us
- 5-star criminal assault lawyers with over 20 years of experience
Pyzer Criminal Lawyers defends clients facing simple assault, assault with a weapon, assault causing bodily harm, and aggravated assault. We move quickly to review what happened, test the Crown’s evidence, and explain your options in plain language.
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Meet Your Legal Team
When you contact Pyzer Criminal Lawyers, you speak with highly experienced assault lawyers who handle assault charges in Toronto and across the GTA. We take the time to understand what happened, review the Crown’s evidence, and give you clear advice on next steps.
Assault allegations range from simple assault to assault with a weapon, assault causing bodily harm, aggravated assault, and domestic assault. The details matter.
We focus on the work that moves your file forward:
- Reviewing disclosure and identifying gaps in the Crown’s case.
- Challenging unreliable evidence and witness accounts.
- Addressing bail and release conditions that affect daily life.
- Negotiating for withdrawals, reduced charges, or alternative resolutions when appropriate.
- Preparing for trial when the case does not resolve.
Get your defence started today.
Understanding Your Charges
Assault is a criminal charge, and the early steps in your case matter. Police conditions, bail terms, and what you say after the incident can shape how the Crown proceeds. A defence lawyer can explain the charge, review the facts, and help you make decisions that protect your record and your future.
What Constitutes Assault Under Canadian Law
Section 265 of the Criminal Code defines assault as applying force to another person on purpose, directly or indirectly, without their consent.
Physical contact is not always required. Police can lay an assault charge if you try to apply force, or if you make a gesture that causes someone to reasonably believe you can carry out the threat. The law also captures threatening conduct tied to openly carrying or handling a weapon.
- Pushing, grabbing, or slapping someone during an argument.
- Pointing an object at someone as a weapon and moving as if you will use it.
- Throwing an object or a drink at someone.
- Raising a fist and stepping toward someone in a way that makes them think you are about to hit them.
- Swinging a bottle, bat, or other object at someone, even if you miss.
Assault cases turn on the details, including what happened, what witnesses saw, and what the Crown can prove. A defence lawyer can review the allegation and explain what the law requires in your situation.
The Three Levels of Assault in Canada
Canadian law groups common assault charges into three main categories. The level depends on what the Crown alleges happened, whether a weapon was involved, and whether the complainant suffered bodily harm.
Simple assault (Section 266)
Simple assault covers the intentional application of force without consent, where the allegation does not involve a weapon and does not involve bodily harm at the level required for the more serious offences. This charge is often prosecuted as a hybrid offence, which means the Crown can choose to proceed in a less serious way or a more serious way depending on the facts.
Assault with a weapon or causing bodily harm (Section 267):
This applies when the Crown alleges you used or threatened to use a weapon during the assault, or the complainant suffered bodily harm. “Bodily harm” means more than minor or temporary pain. It refers to harm that is more than trivial and interferes with health or comfort.
Aggravated assault (Section 268):
This is the most serious assault charge. It applies when the Crown alleges the assault wounded, maimed, disfigured, or endangered the complainant’s life.
How Assault Differs From Related Charges
Police reports and charge labels do not always match how a case is proven in court. These distinctions affect what the Crown must prove and the defence options available.
Assault vs. uttering threats
Assault usually involves force, an attempt to use force, or conduct that makes someone think force is imminent. Uttering threats focuses on the words themselves, even when no physical contact occurs.
Assault vs. criminal harassment
Assault often centres on a specific incident. Criminal harassment usually involves a pattern, like repeated contact or monitoring, that causes fear for safety.
Assault vs. mischief
Assault is about harm or alleged harm to a person. Mischief is about property, such as damage or interfering with someone’s ability to use their property.
Assault vs. “domestic violence” charges
“Domestic violence” is not a single Criminal Code charge. It is a label used when allegations involve intimate partners or family members. The underlying charge is often assault, but these cases can lead to strict release conditions, including no-contact terms and limits on returning home.
If police laid multiple charges, or the charge description does not match what happened, we can review the disclosure and help you understand what the Crown must prove for each allegation.
Consequences of an Assault Conviction
An assault conviction can affect far more than a sentence. It can create a criminal record that follows you for years and shows up in background checks. It can limit travel, including entry to the United States. It can affect immigration status, professional licensing, and job opportunities. In domestic-related cases, it can also lead to strict court orders that affect where you can live and who you can contact.
A defence lawyer can explain what is at stake in your specific situation and work toward outcomes that reduce long-term harm wherever the facts and the law support it.
Criminal Penalties by Assault Type
The Criminal Code sets maximum penalties for assault offences. In many cases, the Crown can choose to proceed by summary conviction (less serious procedure) or by indictment (more serious procedure). Summary matters generally carry a maximum of two years less a day unless the law sets a different maximum.
Maximum penalties can include:
- Simple assault (s. 266): up to two years less a day if the Crown proceeds by summary conviction, or up to five years if the Crown proceeds by indictment.
- Assault with a weapon or causing bodily harm (s. 267): up to 10 years if the Crown proceeds by indictment.
- Aggravated assault (s. 268): up to 14 years.
- Sexual assault (s. 271): up to 18 months on summary conviction, or up to 10 years if the Crown proceeds by indictment. If the complainant is under 16, the maximums increase to two years less a day (summary) or 14 years (indictable).
These are maximums, not predictions. The real exposure depends on the facts, the evidence, and how the Crown proceeds. A defence lawyer can explain what applies to your case and what options exist to limit long-term consequences. Our experienced criminal defence lawyers regularly defend clients in the Ontario Court of Justice, striving to reduce penalties, negotiate alternative resolutions, and protect against unnecessary convictions.
Impact on Your Criminal Record
In most assault cases, a conviction creates a criminal record. That record can show up in background checks and can limit options long after the case ends. In some cases, the court may grant a discharge rather than register a conviction. A discharge still involves a finding of guilt, but it is not a conviction.
Absolute discharge
The court finds you guilty and grants a discharge with no probation. The record is sealed automatically one year after the date you are sentenced for most modern cases.
Conditional discharge
The court finds you guilty and grants a discharge with conditions, usually probation. The record is sealed automatically three years after the date you are sentenced for most modern cases.
Employment impact
A criminal record can affect hiring, promotions, and workplace screening. Many employers run criminal record checks for roles that involve trust, security, driving, handling money, or access to vulnerable people. Even when a discharge is available, it can still appear on checks until it is sealed.
Professional licensing and regulated roles
If you work in a regulated profession, a criminal record can trigger reporting requirements, disciplinary processes, or licensing issues. This often matters for roles in healthcare, education, finance, security, and government work.
If you tell us your job, your status in Canada, and any upcoming screening deadlines, we can explain what outcomes matter most in your case and what steps to take next.
Consequences Beyond Prison Time
An assault case can affect day-to-day life long before and long after any sentence. These consequences often matter most to clients.
Travel to the United States and other countries
A criminal record can lead to border issues, refused entry, or extra screening. The United States, in particular, has broad discretion at the border. Some people only learn this when they try to travel for work or family reasons.
Immigration, permanent residence, and citizenship
A conviction can create immigration problems, including inadmissibility issues or delays and refusals in PR and citizenship applications. If you are not a Canadian citizen, get legal advice early so your defence strategy accounts for immigration risk.
Housing and rentals
Landlords and property managers may run background checks. A criminal record can reduce housing options and delay approvals, especially in competitive rental markets.
Family law and custody issues
Domestic-related allegations can trigger no-contact terms and restrictions on returning home. An assault charge or conviction can also affect parenting arrangements, access, and family court proceedings.
Personal and relationship impact
Assault allegations can strain relationships and reputations, even before a case ends. Strict release conditions can also limit communication and contact, affecting daily life.
If any of these issues apply to you, we can focus your defence plan on outcomes that limit long-term harm where the facts and the law support it.
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Building Your Defence Strategy
Here’s a brief overview of some key defences we have substantial experience with and have successfully handled.
Self-Defence and Defence of Others
In some assault cases, the issue is not whether force occurred. It is whether the law justified it. Section 34 of the Criminal Code covers self-defence and defence of others. You may rely on it if you reasonably believed you faced an immediate threat to yourself or another person and you responded with force that matched the threat.
Section 35 covers defence of property. It may apply when you used reasonable force to prevent someone from taking, damaging, or trespassing on property. Where these defences are in play, we focus on the facts the court will test, such as what happened in the moment, who did what, and what evidence supports your account.
Challenging Consent and Intent
Not every allegation turns on injuries or witness accounts. In many assault cases, the key issues are what you intended to do and whether the other person consented to the contact. For example, if you accidentally pushed someone during a heated argument, you may be able to argue that you did not intend to cause harm.
Intent and accidental contact
The Crown must prove you acted on purpose. If the contact was accidental, or happened without the intent required for assault, that can support a defence. We look closely at what led up to the incident, what you meant to do, and what the evidence actually shows.
Consent to physical contact
Consent can matter in limited situations, such as agreed contact in sports or other settings where physical contact is expected. The key question is whether the other person agreed to that contact at the time.
When consent does not count
The law does not treat consent as valid in some situations, including where someone uses force, threats, fraud, coercion, or exploits a power imbalance. Those facts can remove consent as a defence.
Mistaken belief in consent
In some cases, the issue is what you reasonably believed in the moment. A mistaken belief defence depends on what you did to confirm consent and whether that belief was reasonable in the circumstances. Courts will not accept it when a person ignores clear signs of non-consent.
Procedural and Evidence-Based Defences
Strong assault defences often come from the details in the evidence and the steps police took during the investigation.
Reasonable doubt and the Crown’s burden
You do not have to prove your innocence. The Crown must prove the charge beyond a reasonable doubt. When the evidence is inconsistent, incomplete, or unreliable, that doubt can be enough to defeat the case.
Charter rights issues
Police must follow the Canadian Charter of Rights and Freedoms when they detain you, search you, or take property. If police conduct an unwarranted search and seizure, we can raise a Charter issue and ask the court to address it. The courts take these violations seriously, and evidence obtained unlawfully may be excluded from the case.
Cross-Examination
At trial, we test the Crown’s witnesses through cross-examination. We look for inconsistencies, bias, gaps in memory, and conflicts with records like texts, video, and other documents. We also challenge evidence that is weak or unreliable, including identification and third-party accounts.
Negotiation and Alternative Resolutions
Not every assault case should go to trial. Many resolve through early review, targeted negotiations, and outcomes that avoid unnecessary long-term harm.
Plea bargaining
In some cases, a negotiated plea can reduce the charge, narrow the allegations, or lead to a more manageable sentencing position. We only recommend a plea after reviewing disclosure and explaining the consequences.
Crown withdrawal
When the evidence is weak, inconsistent, or does not support the charge, the Crown may withdraw the case. We press for withdrawals where the facts and the law support that result.
Diversion and alternative outcomes
Some files qualify for diversion or other alternatives that keep a conviction off your record. Eligibility depends on the facts, your background, and how the Crown views the case. We assess whether these options are realistic and work toward them when appropriate.
Restorative justice
In some situations, restorative justice can form part of a resolution. This depends on the nature of the allegation, the complainant’s position, and program availability.
If your goal is to protect your record, your job, or your immigration status, we factor that into your strategy from the start.
Our Case Results for Assault Charges
R. v. I.J. | Charges Withdrawn
Client was charged with assault. The Crown alleged the client pushed his 90-year-old mother-in-law to the ground, with three civilian witnesses to the incident. We represented the client and on the morning of trial, the charge was withdrawn.
R. v. A.D. | Absolute Discharge
Client was charged with assaulting his two-and-a-half-year-old daughter. Two civilian witnesses reported the incident and police arrested the client, who was held for a show cause hearing. The entire incident was captured on CCTV, creating a strong case for the Crown. The Crown initially sought a suspended sentence, probation, DNA order, and a ten-year weapons prohibition. We successfully litigated on the client’s behalf and secured an absolute discharge.
R. v. J.S. | Charges Withdrawn
The client, a young offender, was charged with assault. The Crown alleged the client got into an altercation with a worker at the group home where he resided and assaulted him. We successfully negotiated the withdrawal of the charge.
R. v. D. | Charges Withdrawn
Client was charged with assault after striking a woman in a public place during an argument. A security guard witnessed the altercation. We negotiated a peace bond resolution and had the charge withdrawn.
R. v. T.D. | Charges Withdrawn
Client, a young offender, was charged along with two other females with assaulting a classmate. The Crown alleged that the client and several other students approached a fellow classmate and a fight ensued, during which the three co-accused punched and kicked the victim several times in the head. We successfully negotiated the withdrawal of the charge.
R. v. R. B. | Charges Withdrawn
The client faced two assault counts and was released on an undertaking. . We successfully negotiated a common-law peace bond with the Crown, resulting in the withdrawal of all charges.
What Our Clients Say About Us
Pyzer Criminal Defence Lawyers helped me get a case.The prior firm took a retainer, never communicated, never followed up and only communicated when I said I was taking my business to Jasimine and the team here. The prior firm took the retainer, didn't discuss the case and only begged and pleaded to keep the case and get it dealt with as he had family items going on. Seems like every review had that post further inspections and not a friend refferal. Jasmine, the paralegals and all the team very professional, following up every few weeks to check in, sometimes, just letting me know there's not any update. Fees in comparrision to other firms estimations were good The ONLY complaint I have about Jasmine and Jon is that there are not a lot more at the firm. Thanks J and J for getting this done.
I had never been in any legal trouble in my life but found myself in a situation one day where I was charged with two seperate things, both very different, Jonathan Pyzer worked with me for two years to ensure a favorable outcome for both cases. He even discounted the fees when one case dragged on for an extended period of time due to administrive issues with the courts. Mr. Pyzer is a consummate professional and I would reccomend his services to anyone in need of them.
I cannot thank Jasmine Mann enough for giving me my life back. I was facing very serious criminal charges that could have destroyed everything I’ve worked for. From the very first meeting, Jasmine was calm, confident, and completely honest with me about what to expect. She listened to my side without judgment, explained every step clearly, and fought relentlessly on my behalf. Thanks to her skill, preparation, and determination in court, ALL of my charges were withdrawn. Walking out of that courthouse a free man felt like being “reborn,” just like she promised was possible on the hardest days. If you’re looking for a criminal lawyer who actually cares, knows the law inside out, and will fight for you like you’re family, Jasmine Mann is the one. She’s not just an excellent lawyer; she’s the reason I get a second chance at life. I will never be able to repay her, but I will recommend her to anyone who needs the absolute best defense. Thank you, Jasmine, from the bottom of my heart.
Second time dealing with Jonathan Pyzer and second time with a favourable outcome. Both Jonathan and Jasmine are great at communicating and explaining exactly what is and can happen. Highly recommend Pyzer Criminal lawyers if you find yourself in trouble with the law. Big thanks to Jonathan and his team!
I had the most positive experience with this business! Jasmine Mann is an out of this world amazing lawyer and I could never thank her and the business enough for there services! Would highly reccomend! Charges were withdrawn from my case! I could never be happier!
Thank you Jasmine Mann✨ you did an amazing job. Thank you Pyzer amazing job
Get Help From An Experienced Assault Lawyer
The field of criminal law can be complicated. If police charged you with assault, get legal advice early. A short call can clarify what you face and what to do next, including how to deal with release conditions, contact restrictions, and upcoming court dates.
In your free case evaluation, you can expect:
- A confidential case evaluation and initial assessment.
- A plain-English explanation of the charge and potential consequences.
- A customised defence strategy overview based on your facts and timeline.
- No obligation to retain our services.
- A clear explanation of legal fees and costs before you decide.
Frequently Asked Questions About Assault
Understanding Assault Charges
The difference comes down to what the Crown alleges happened and the harm involved. Assault is the basic offence and usually involves force without consent. Assault with a weapon applies when a weapon is used or threatened during the incident. Assault causing bodily harm applies when the complainant suffers bodily harm, which means more than minor or temporary pain. Aggravated assault is the most serious and involves allegations of wounding, maiming, disfiguring, or endangering life.
The difference is the alleged harm and risk. Simple assault is the basic offence. Aggravated assault involves allegations that the complainant was wounded, maimed, disfigured, or that their life was endangered. It carries a much higher maximum penalty.
Can I be charged with assault for an accidental injury?
Police can lay assault charges when you did not mean to cause an injury. The law requires the intentional use of force without consent. If physical contact happens by accident, you may have a valid defence. The Crown must prove you intended the physical action itself. For instance, if you swing your arm and strike someone, the prosecution may argue the movement was deliberate. We review the evidence to determine if the contact was a genuine accident. This helps us build a case regarding your intent.
Not always. Assault can include an attempt or gesture that makes someone reasonably believe you can apply force. Police can also lay an assault-related charge based on threatening conduct involving a weapon, even if no one was hit.
Battery is a US legal concept relating to the application of force and is not a legal term in Canadian courts. However, it is sometimes used in describing certain facts, such as the use of force against another that results in offensive or harmful contact.
Assault Charge Outcomes and Consequences
It depends on the charge and how the Crown proceeds. As a general guide, simple assault can carry up to two years less a day if the Crown proceeds by summary conviction or up to five years if the Crown proceeds by indictment. Assault with a weapon or causing bodily harm can carry up to 10 years. Aggravated assault can carry up to 14 years. Courts can also impose probation, fines, weapons prohibitions, and other orders.
It can. A criminal record may lead to problems at the border, including refusal of entry or added screening. US border officials have broad discretion, and issues often arise when people try to travel for work or family reasons.
Yes. If you are not a Canadian citizen, a conviction can create serious immigration consequences, including inadmissibility issues. It can also complicate permanent residence and citizenship applications. Get legal advice early so your defence strategy accounts for immigration risk.
A conviction can limit job options, promotions, and roles that require screening. Many employers run background checks, especially for positions involving trust, vulnerable people, cash, driving, or security access. Even when a discharge is available, it may still show on checks until it is removed under the applicable timelines.
Defence and Legal Process
Yes. The Crown can withdraw charges when the evidence does not support the allegation, witnesses are unreliable, or the case no longer meets the legal test for prosecution. A defence lawyer can review disclosure, identify weaknesses, and make focused requests for withdrawal or a more appropriate resolution.
Get legal advice as soon as possible. Follow your release conditions, show up for every court date, and avoid contact with the complainant or witnesses if your conditions restrict it. Do not discuss the incident by text, social media, or phone. Save messages, photos, or other records that may help your defence and share them with your lawyer.
Self-defence is a legal justification under Section 34 of the Criminal Code. It can apply when you reasonably believed you faced an immediate threat and you used force that matched that threat. The court looks at what happened in the moment and whether your response was reasonable in the circumstances.
The Canadian Charter of Rights and Freedoms protects rights during police contact, including the right to counsel and protections against unreasonable search and seizure. If police violated your Charter rights during detention, search, or questioning, your lawyer can raise a Charter issue and ask the court to address it. In some cases, the court may exclude evidence obtained through the violation.
Case Resolution and Timeline
It depends on the charge, the amount of disclosure, whether there are bail issues, and whether the case resolves early or goes to trial. Some matters are resolved in a few months. Others can take a year or longer, especially if a trial is needed. A lawyer can give you a more realistic range after reviewing the allegations and the disclosure status.
PARS usually refers to the Partner Assault Response (PAR) program. It is a court-connected program used in many Ontario domestic-violence cases. It is typically a 12-session group program ordered or required as part of a court process, often through early intervention, a peace bond, bail conditions, or sentencing.
Completing PAR can support certain resolution discussions in appropriate cases, but it is not automatic, and it does not guarantee a specific outcome.
Sometimes. A conditional discharge is more common in lower-level cases where the facts, your background, and the Crown’s position support a non-conviction outcome. The court must also agree it is appropriate in the circumstances. If it is on the table, your lawyer should explain the conditions, the risks, and how it affects your record. See the “Impact on Your Criminal Record” section above for how discharges work.
Early advice helps you avoid mistakes that can harm your case. A lawyer can address bail and release conditions, guide you before any police interview, preserve helpful evidence like messages or video, and start pushing for disclosure and resolution options as soon as the case opens.
