Types of Assault Charges in Canada

The Criminal Code contains several assault offences. They range from assault under section 266, the most commonly laid charge, to aggravated assault under section 268, along with related charges like uttering threats and assaulting a peace officer. Assault charges in Canada differ in what the Crown must prove, whether it can proceed summarily or by indictment, and the maximum sentence.

A charge is an allegation, not a finding of guilt. The Crown must prove every element of the offence beyond a reasonable doubt, and the defences available depend on the offence and the evidence.

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What Counts as an Assault Under the Criminal Code?

Section 265(1) of the Criminal Code recognises three ways an assault can happen:

• A person intentionally applies force to someone else, directly or indirectly, without that person’s consent.
• A person attempts or threatens, by an act or gesture, to apply force, and has the present ability to do so, or makes the other person reasonably believe they have it.
• A person openly wears or carries a weapon or imitation weapon and accosts, impedes or begs from someone.

Three points follow from the wording:

• The force must be intentional. An accidental contact doesn’t meet the first branch.
• No injury is required. The first branch is complete on contact, and the second doesn’t need contact at all.
• A raised fist can be enough, if the present ability condition is met.

Section 265(2) applies this definition to every form of assault in the Criminal Code, including sexual assault.

When Consent Doesn’t Count

Under section 265(3), consent is absent where the complainant submits or doesn’t resist because of force applied to them or someone else, threats or fear of force, fraud, or the exercise of authority. Apparent agreement in those circumstances isn’t consent in law.

The common law also limits consent in fights. In R v Jobidon and R v Paice, the Supreme Court of Canada held that consent doesn’t excuse force in a fist fight where serious hurt or non-trivial bodily harm was both intended and caused. Sexual offences have their own consent rules, explained in our guide to sexual consent.

What Are the Types of Assault Offences in Canada?

The main assault offences are set out below, along with two related offences that are commonly charged alongside them, even though neither always requires proof of an assault.

Assault, Section 266

Section 266 applies where the Crown alleges an assault without the extra features of the more serious offences. An intentional push, a slap or grabbing someone’s arm without consent may fall under section 266. A threatening gesture can also qualify, even if no one is touched. It’s sometimes called common assault or simple assault, although neither is the offence’s legal name.

Assault With a Weapon, Causing Bodily Harm, or Choking, Section 267

Section 267 has three separate branches, and the Crown needs to prove only one alongside the assault:

• A weapon. The accused carried, used or threatened to use a weapon or an imitation of one. No injury is required. The Criminal Code defines a weapon broadly, as anything used, designed or intended to cause death or injury, or to threaten or intimidate. An ordinary object can become a weapon because of how it’s used or intended to be used.
• Bodily harm. The assault caused an injury that interferes with the person’s health or comfort and is more than brief or trivial, as defined in section 2.
• Choking. The accused choked, suffocated or strangled the complainant. This branch was added in 2019 and needs no proof of lasting injury.

All three branches carry the same maximum penalty, but each requires different evidence. The charge and the Crown’s disclosure should identify which branch is alleged. Read more about assault with a weapon and assault causing bodily harm, or see our assault with a weapon defence page.

Aggravated Assault, Section 268

Section 268 applies where an assault wounds, maims, disfigures or endangers the life of the complainant. Permanent injury isn’t required if the Crown proves the assault endangered life, so the medical evidence matters more than how an injury looks. The court considers the assault’s consequences and the risks it created. Aggravated assault is always prosecuted by indictment, as are aggravated assault of a peace officer and the sexual assault offences under sections 272 and 273. Section 268(3) also treats female genital mutilation as wounding or maiming, with limited exceptions. Learn more about aggravated assault or our aggravated assault defence page.

Unlawfully Causing Bodily Harm, Section 269

Section 269 doesn’t require an assault at all. Under R v DeSousa, the Crown must prove an underlying unlawful offence, the fault required for it, that it caused bodily harm, and that the risk of bodily harm was objectively foreseeable. It doesn’t have to prove the accused intended the injury. That can matter where the Crown can’t prove the accused intentionally applied force but alleges another unlawful act caused the injury. Section 269 can be charged alongside an assault count or on its own.

Uttering Threats, Section 264.1

Section 264.1 doesn’t have the present ability requirement, so a person can commit it with a threat they had no means of carrying out. The Crown must prove a reasonable person would understand the words as a threat, and that the accused meant them to intimidate or be taken seriously. Under R v McRae, it doesn’t have to prove the accused intended to carry out the threat or that anyone was frightened. The offence covers threats to cause death or bodily harm to any person, and separately covers threats to damage property or harm an animal. The first group carries a higher maximum. See our guide to uttering threats and our uttering threats defence page.

Assaulting a Peace Officer, Sections 270 to 270.1

Section 270 covers assaulting a peace officer or public officer carrying out their duty, assaulting anyone to resist a lawful arrest or detention, and assault connected to the lawful execution of a legal process. “Peace officer” is a defined term that extends well beyond police, and the section also protects public officers, anyone assisting them, and people carrying out a legal process against land or goods.

• Section 270.01 applies where a weapon was carried, used or threatened, or bodily harm was caused.
• Section 270.02 is the aggravated version, using the same test as section 268.
• Section 270.1 covers taking, or trying to take, a weapon from a peace officer on duty.

Under section 270.03, a sentence for an offence under section 270, 270.01 or 270.02 against a law enforcement officer must be served consecutively to any other sentence from the same events. That rule uses the narrower definition of law enforcement officer, so it doesn’t apply to everyone covered by the broader term peace officer. Read more about assaulting a peace officer.

Sexual Assault Offences, Sections 271 to 273

The assault definition applies to sexual assault too, and the Crown must also prove the assault was sexual in nature, viewed in all the circumstances.

• Section 271 covers sexual assault, with a maximum of 10 years on indictment, or 14 years if the complainant is under 16.
• Section 272 applies where a weapon was used, a third party was threatened, bodily harm was caused, the complainant was choked, or more than one person was involved. The maximum is 14 years, or life if the complainant is under 16.
• Section 273 covers aggravated sexual assault, with a maximum of life imprisonment.

Consent also works differently for these offences. Section 273.1 defines it as voluntary agreement to the specific sexual activity, present at the time it takes place. Section 273.2 limits any defence based on a belief in consent, and requires evidence that the complainant expressed agreement by words or conduct and that the accused took reasonable steps to confirm it. Statutory minimum sentences apply in some cases involving a complainant under 16 or a firearm. Since 18 July 2026, a new section 718.4 requires a judge to impose a shorter sentence than a mandatory minimum where the minimum would amount to cruel and unusual punishment for that person, unless the minimum is life imprisonment. See our guide to types of sexual assault charges and our sexual assault defence page.

Is There a “Level 1, 2 and 3” Assault in Canada?

Not officially. People sometimes call the three main assault offences “level 1”, “level 2” and “level 3” assault:

• Level 1 means assault under section 266.
• Level 2 means assault with a weapon, causing bodily harm or choking under section 267.
• Level 3 means aggravated assault under section 268.

These are informal labels. The Criminal Code uses the offence names and section numbers, and Canada has no “degrees” of assault.

Assault Charges Compared and What Separates One From Another?

Two comparisons come up more than the rest. Assault with a weapon and assault causing bodily harm both sit in section 267 with the same maximum, but the weapon branch needs no injury, and the bodily harm branch needs no weapon. Assault causing bodily harm and aggravated assault both involve injury, but aggravated assault needs wounding, maiming, disfigurement or a danger to life, and it’s always indictable.

What Are the Penalties for Assault in Canada?

The figures below are the maximums Parliament set. They’re ceilings, not predictions, and no maximum tells a person what will happen in their own case. Most of these offences are hybrid, meaning the Crown can proceed by indictment or summarily. On summary conviction, the general maximum is two years less a day, a fine of up to $5,000, or both. The Crown’s choice affects the procedure and the maximum penalty, but it doesn’t determine guilt or predict the sentence.

The non-sexual assault offences in this table don’t carry a mandatory minimum sentence, although separate firearm offences and some sexual offences do. The exact charge, the complainant’s age, any firearm and the date of the alleged offence all need separate review. An assault against an intimate partner can carry a higher maximum under section 263.1. For jail time, sentencing factors and common outcomes, read our guide to sentencing for assault and our article on mandatory minimum sentences.

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How Do You Defend an Assault Charge in Canada?

Every defence starts from the Crown’s burden. The Crown must prove each element of the charge beyond a reasonable doubt, and if the evidence leaves a reasonable doubt on any element, the accused must be acquitted. The defences below depend on the offence and the evidence.

Self-Defence

Under section 34, a person isn’t guilty if they believed, on reasonable grounds, that force or a threat of force was being used against them or someone else; they acted to defend or protect themselves or that person; and their response was reasonable. The court weighs the full context, including how immediate the threat was, the accused’s role in the incident, any weapon, the parties’ size, relationship and history, other options available, and whether the response was proportionate. Once there’s evidence of self-defence, the Crown must disprove it beyond a reasonable doubt.

Defence of Property

Section 35 applies where the accused reasonably believed they had peaceable possession of property, someone was entering, taking, or damaging it without right, and they responded reasonably to protect it. Owning property doesn’t give an unlimited right to use force.

Consent

Consent removes an element of assault under section 265(1)(a), because that branch requires force without consent. Where the Crown says the complainant went along only because of force, threats, fraud, or authority, the question becomes whether that pressure existed. The common law limits on fights still apply, and sexual assault has separate consent rules.

The Crown Cannot Prove the Injury or Causation

Charges under sections 267(b), 268 and 269 depend on proving a specific injury and that the accused caused it. Medical records, photographs, the timing of symptoms and other possible causes can all affect whether the Crown can prove that.

No Intentional Application of Force

The first branch of assault requires intention. A contact that happened by accident, in a crowd, during a fall, or as a reflex or involuntary movement doesn’t meet it, no matter how unwelcome it was. The Crown may still rely on a threat or attempt under the second branch, or on another offence like unlawfully causing bodily harm, if the evidence supports it.

Identification and Reliability

Some cases turn on eyewitness evidence or competing accounts. Lighting, the witness’s position, how long the incident lasted, whether the account changed, whether the witness discussed it with others, and whether video or other evidence supports it can all matter. The court assesses the evidence as a whole, not by counting witnesses.

Lawfulness in Peace-Officer Cases

A section 270 charge may require proof that the officer was carrying out their duty, or that the arrest or detention being resisted was lawful. If the Crown can’t prove that, the section 270 charge may fail, even if another assault charge remains.

Charter Applications

How police detained, arrested, searched or questioned someone can raise issues under sections 8, 9 and 10 of the Charter. Section 10 includes the right to be told promptly why you’re being detained and the right to speak to a lawyer without delay. How police obtained a statement can also affect its admissibility. A breach doesn’t automatically exclude evidence. Under section 24(2), the court decides whether admitting it would bring the administration of justice into disrepute. Read more about search and seizure under section 8 and what happens when police breach your rights.

What Happens After You’re Charged With Assault?

An assault charge ends in one of two ways. It’s withdrawn, stayed or resolved before trial, or it goes to trial, where the Crown either proves it or doesn’t. No lawyer can promise how a case will go, but early advice can shape your options.

What to Do in the First Days

The first days after a charge can affect the whole case. A few steps help:

• Don’t give police a statement about the incident until you’ve had legal advice. You have the right to remain silent.
• Don’t contact the complainant, directly or through others, if your conditions forbid it.
• Keep any evidence, like texts, call logs, photos of your own injuries, and the names of people who saw what happened.
• Speak to a lawyer early, before your first court date.

Read more about your rights when arrested.

Your Release Conditions

Most people charged with assault are released on an undertaking or a release order with conditions, though some are held for a bail hearing. These can include no contact with the complainant and staying away from a home or workplace. The conditions apply from the moment you sign, even if the complainant reaches out to you, and breaking them is a separate criminal offence. If a condition becomes unworkable, a lawyer can ask to have it changed. Read more about failing to comply with bail conditions and bail variations.

Reviewing the Disclosure

The Crown must give the defence its evidence, called disclosure. That includes police notes, witness statements, video, photographs and medical records. The defence reviews it for gaps and inconsistencies, the alleged offence, and any Charter issues. Disclosure can take time to arrive in full, and the defence can ask for anything missing before decisions about resolution or trial are made.

How Assault Charges Get Withdrawn

Only the Crown can withdraw a charge, not the complainant. The Crown may withdraw where there’s no reasonable prospect of conviction, or where continuing isn’t in the public interest. The steps the accused takes after the incident, such as counselling or anger management, can be relevant to that decision. A withdrawal can happen at any stage, including on the trial date. Read more about whether a domestic assault charge can be dropped.

Resolving a Charge Without a Conviction

Some cases can be resolved through diversion, where the accused completes set steps and the charge is withdrawn, or through a peace bond. After a guilty plea or finding, a court can sometimes grant a discharge instead of a conviction. Whether any of these is available depends on the charge, the facts and the Crown’s position.

Resolution Talks With the Crown

Defence counsel and the Crown can discuss the case before trial. Those talks can lead to a plea to a lesser or different charge, or an agreed sentencing position. After advice, any decision to plead guilty belongs to the accused.

Going to Trial

At trial, the Crown must prove every element beyond a reasonable doubt. This is where the defences above are raised, and where witnesses are tested in cross-examination. The accused doesn’t have to testify or call evidence. Most assault trials are heard by a judge alone in the Ontario Court of Justice, while some indictable charges can be tried in the Superior Court of Justice, with or without a jury.

Speak With a Toronto Assault Lawyer About Your Charge

The section you were charged with, what the evidence shows, and how the accounts hold up will all affect your case, and no lawyer can say where a case stands before reading the disclosure. Pyzer Criminal Lawyers defends assault charges across Toronto and the Greater Toronto Area, and nearby cities including Mississauga, Brampton, Scarborough, Newmarket, Oshawa, Hamilton and Barrie. Consultations are free, confidential and carry no obligation.

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Frequently Asked Questions

Is Grabbing Someone’s Arm Assault?

It can be. Grabbing someone’s arm intentionally and without their consent meets the definition of assault in section 265, even if it causes no injury. Whether it’s a crime in a particular case depends on the facts, including intent, consent and defences like self-defence.

Can You Beat an Assault Charge in Canada?

Many people search for how to “beat” an assault charge. No lawyer can promise that, but a charge can end without a conviction. The Crown can withdraw or stay it, the case can be resolved through diversion or a peace bond, or the Crown can fail to prove it beyond a reasonable doubt at trial.

Is There a Difference Between Assault and Battery in Canada?

Canada has no offence called battery. Section 265 covers both threatened force and intentional, non-consensual contact under the single offence of assault. Read more about assault vs battery.

Does Canada Have Degrees of Assault?

No. Canada has no first, second or third-degree assault. That grading comes from the United States, where many states rank assault by degree. In Canada, the offence is identified by its name and section number.

Can Police Lay an Assault Charge If the Complainant Doesn’t Want to Proceed?

Yes. Police can lay a charge if they have the required grounds, and the Crown decides whether to proceed with the prosecution. The Crown will consider the complainant’s wishes, but the decision isn’t theirs.

Is Domestic Assault a Separate Offence?

There’s no offence called domestic assault, and police still lay charges under sections 266, 267 and 268. But since 17 July 2026, Bailey’s Law has created a separate intimate partner violence offence under section 263.1, with higher maximum penalties. Grabbing a partner’s arm or throwing something at them can lead to an assault or assault with a weapon charge. See our guide to domestic assault charges.

Can an Assault Charge Be Resolved Without a Criminal Record?

Sometimes. A withdrawal, a stay, diversion or a peace bond doesn’t result in a conviction, and a discharge isn’t a conviction either, although it stays on police records for a set time. Whether any of these is available depends on the offence, the evidence and the Crown’s position.