Assault in the Canadian criminal context can take many forms – simple assault, assault causing bodily harm, aggravated assault and sexual assault. Any one of these charges could result in a jail sentence in Ontario upon conviction.

What is Simple Assault in Ontario Canada?

Simple assault is commonly referred to as “assault”.  An assault occurs when one person intentionally applies physical force to another person. This force is applied without the other person’s consent and is unwanted. The contact could be something like a push or a shove. In cases where assault charges are laid, there are no serious injuries. Assault is a common charge in Ontario.

Can I get Jail Time if I am Convicted of Assault in Ontario Canada?

Yes you can get a jail sentence if convicted of assault in Ontario. If the Crown proceeds by way of indictment (more serious) then the maximum jail sentence you can get is 5 years imprisonment. If the Crown proceeds by way of summary (less serious), the maximum penalty you can get is 6 months in jail. It would be exceedingly rare for the Crown to proceed by way of indictment for simple assault, so the likely maximum penalty you would be looking at is 6 months imprisonment.

However, that being said, many simple assault charges can be resolved for little to no jail time at all, depending on the circumstances. To read about the potential sentencing for domestic assault charges, read this blog by Toronto Defence Lawyers.

What is Assault Causing Bodily Harm in Ontario Canada?

Assault causing bodily harm occurs when the consequences of the unwanted physical contact result in injuries that interfere with the health and comfort of the victim. These would be more serious injuries like fractures, severe bruising, cuts, etc., even if the injuries heal quickly.

Can I get Jail Time if I am Convicted of Assault Causing Bodily Harm in Ontario Canada?

Yes, you can get a jail sentence if you are convicted of assault causing bodily harm in Canada. If the Crown proceeds by way of incitement, the maximum jail sentence you can get is 10 years in jail. If the Crown proceeds by way of summary, the maximum jail sentence is 18 months. Depending on the circumstances of the assault, the injuries sustained and the vulnerability of the victim, the Crown will determine if it is a case where they need to proceed by indictment or not.

What is Assault with a Weapon in Ontario Canada?

weapons, guns, ammunition

Assault with a weapon is when you intentionally use an object to exert physical force on another person. Weapons could be items like a knife, baseball bat, hammer, beer bottle – anything that you use intending to harm another person. You can be charged with this offence if you carry, use, or threaten to use a weapon during an assault.

Can I get Jail Time if I am Convicted of Assault with a Weapon in Ontario Canada?

Yes, you can get a jail sentence if you are convicted of assault with a weapon in Canada. If the Crown proceeds by way of incitement, the maximum jail sentence you can get is 10 years in jail. If the Crown proceeds by way of summary, the maximum jail sentence is 18 months in jail. Depending on the circumstances of the assault, the weapon used, carried or threatened to be used, the injuries sustained and the vulnerability of the victim, the Crown will determine if it is a case where they need to proceed by indictment or not.

What is Aggravated Assault in Ontario Canada?

Aggravated assault is the most serious form of assault in Canada. This charge is used when the victim is seriously injured – wounded, maimed, disfigured or suffered life threatening injuries. This charge has been expanded to specifically include anyone who commits an act of female genital mutilation.

Can I get Jail time if I am Convicted of Aggravated Assault in Ontario Canada?

Yes. This is a serious offence, and if charged, the Crown has no choice but to proceed by way of indictment. This charge carries a maximum jail sentence of 14 years. It is very likely that someone convicted of aggravated assault will spend a period of time in prison.

What is Sexual Assault in Ontario Canada?

Ontario flag

A sexual assault in Canada is an assault that is committed in circumstances of a sexual nature. The definition of sexual assault is vague in order to capture a broad range of behaviour.  What is central to the charge is that the sexual integrity of the victim was violated, and is not contingent on a certain body part being touched.

Sexual assault can range from slapping someone on the buttocks to forced intercourse. You can be charged with sexual assault even if the person accusing you is your husband or wife. Sexual assault can occur regardless of the gender of the victim or the accused.

https://laws-lois.justice.gc.ca/eng/acts/C-46/page-57.html#docCont

Can I get Jail Time if I am Convicted of Sexual Assault in Ontario Canada?

Yes. If the Crown proceeds by way of indictment, you can be sentenced to jail for a maximum of 10 years. If the victim is under the age of 16, then the maximum sentence is 14 years in jail and the minimum sentence is 1 year in jail.

If the Crown proceeds by way of summary, you can be sentenced to a maximum jail sentence of 18 months. If the victim is under the age of 16, the maximum jail sentence is 2 years less a day. The minimum sentence is 6 months in jail.

What is Sexual Assault with a Weapon/Sexual Assault Causing Bodily Harm in Ontario Canada?

In committing a sexual assault you do one of the following:

  • You have a weapon with you, threaten to use a weapon or use a weapon,
  • Cause bodily harm to the victim
  • Commit the offence with another person

Any of these circumstances would result in the charge of sexual assault with a weapon or sexual assault causing bodily harm in Canada.

Can I get Jail Time if I am Convicted of Sexual Assault with a Weapon/Sexual Assault Causing Bodily Harm in Ontario Canada?

Yes. This offence is an indictable offence with a maximum jail sentence of 14 years imprisonment. If a firearm is used in the commission of the offence, there is a minimum jail sentence of 4 years. If the victim is under 16 years of age, the minimum jail sentence is 5 years.

What is Aggravated Sexual Assault in Ontario Canada?

An aggravated sexual assault occurs when in the commission of a sexual assault, the victim is wounded, maimed, disfigured or has his or her life endangered.

Can I get Jail Time if I am Convicted of Aggravated Sexual Assault?

Yes. This is an indictable offence, with a maximum jail sentence of life imprisonment. If a firearm is used in the commission of the offence or the victim is under the age of 16, there is a minimum jail sentence of 5 years.

Additional Aggravating Factors for Assault in Ontario Canada

An assault that occurs in a domestic relationship will be considered more serious than the same assault between friends.

There are separate sections of the criminal code for assault offences committed against peace officers (police officers). However, the penalties are the same. I.e. Aggravated assault has a maximum prison sentence of 14 years. Aggravated assault of a peace officer has a maximum prison sentence of 14 years.

It is an aggravating fact if you commit an assault against a transit operator.

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