Assault Penalties and Jail Time in Canada

The penalty for assault in Canada depends on two things: the level of assault charged and how the Crown chooses to proceed. Maximum sentences run from 5 years for common assault to 14 years for aggravated assault, and higher when the complainant is an intimate partner. None of the main assault offences carries a mandatory minimum, so the judge decides the sentence within that range. Outcomes range from a discharge with no criminal record to a term in penitentiary.

This guide explains the maximum penalty for each assault charge, how much jail time is realistic, how judges decide, and what options exist for a first charge.

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Key Takeaways

• Section 265 of the Criminal Code defines assault. Common assault is punished under section 266, assault with a weapon or causing bodily harm under section 267, and aggravated assault under section 268.
• Most assault offences are hybrid. The Crown can proceed by summary conviction (maximum two years less a day) or by indictment (higher maximums).
• There’s no mandatory minimum sentence for common assault, assault with a weapon, assault causing bodily harm or aggravated assault.
• Judges weigh the injury, the circumstances, the person’s record, and aggravating and mitigating factors. Assaults on an intimate partner, a child or a vulnerable person are treated more seriously.
• First-time charges can sometimes be resolved through diversion, a peace bond, or a discharge, avoiding a criminal conviction. No outcome is guaranteed.

What Is the Penalty for Assault in Canada?

The table below shows the maximum penalty for each main assault offence. These are the limits Parliament set, not typical sentences.

Where summary conviction is available, the maximum is two years less a day in jail, a fine of up to $5,000, or both.

How the Crown’s Choice Affects the Penalty

Most assault charges are hybrid offences. The Crown decides whether to proceed summarily or by indictment, based on the facts, the injuries and the accused’s history.

A summary prosecution is shorter, heard in the Ontario Court of Justice, and carries a lower maximum penalty. An indictable prosecution opens the door to the higher maximum and, for some offences, a choice of trial court. The Crown’s election doesn’t decide guilt, and it doesn’t mean the judge will impose anything close to the maximum. Aggravated assault is indictable only, so the summary route isn’t available.

Is There a Minimum Sentence for Assault in Canada?

No. Common assault, assault with a weapon, assault causing bodily harm, and aggravated assault carry no mandatory minimum sentence. The judge can impose anything from a discharge to the maximum, depending on the facts and the person before them.

This matters. Without a minimum, a judge can consider alternatives to jail in cases where they fit. Some other violent offences, like certain sexual offences against children and firearm offences, do carry mandatory minimums. Our article on mandatory minimum sentences in Canada explains how those work.

The Three Levels of Assault and Their Penalties

Canadian law groups assault into three main levels based on the force used, whether a weapon was involved, and the harm caused. For full definitions of every assault offence, see our guide to types of assault charges in Canada.

Level 1, Common Assault Under Section 266

Under section 265(1), a person commits assault if, without the other person’s consent, they:

• intentionally apply force to another person, directly or indirectly, without that person’s consent
• attempt or threaten, by an act or gesture, to apply force, where they have, or make the person reasonably believe they have, the present ability to carry it out
• openly wear or carry a weapon or an imitation of one while accosting or impeding another person or begging

Section 266 sets the penalty. Common assault is a hybrid offence with a maximum of 5 years on indictment. A push, a slap or a raised fist with a threat can all lead to this charge. No injury is required.

Level 2, Assault With a Weapon or Causing Bodily Harm Under Section 267

Section 267 applies where a person commits an assault and:

• carries, uses or threatens to use a weapon or an imitation of one
• causes bodily harm
• chokes, suffocates or strangles the complainant

“Bodily harm” means any hurt or injury that interferes with a person’s health or comfort and is more than brief or trifling. Cuts, broken bones and significant bruising can all qualify. A “weapon” is anything used, designed to be used, or intended to be used to cause injury or death, or to threaten or intimidate. Everyday objects like a bottle, a phone or a coffee mug can count.

The maximum is 10 years on indictment. Our articles on assault causing bodily harm and assault with a weapon cover these charges in more depth.

Level 3, Aggravated Assault Under Section 268

Aggravated assault is the most serious form. It applies where a person wounds, maims, disfigures or endangers the life of the complainant. Section 268(3) also specifically includes female genital mutilation.

Aggravated assault is indictable only, with a maximum of 14 years. Discharges aren’t available for offences with a maximum of 14 years or life. Read more in our article on aggravated assault, or see how we defend aggravated assault charges.

Assaulting a Peace Officer

Assaulting a police officer or another peace officer while carrying out their duties is its own offence. These mirror the three levels, with maximums of 5, 10 and 14 years under sections 270, 270.01 and 270.02. When sentencing these offences, the Criminal Code directs judges to give primary consideration to denunciation and deterrence. Our article on assaulting a peace officer explains these charges.

Sexual Assault

Sexual assault is an assault committed in circumstances of a sexual nature that violates the complainant’s sexual integrity. Under section 271, the maximum is 10 years on indictment, or 14 years if the complainant is under 16. If the complainant is under 16, the mandatory minimum is 1 year on indictment, or 6 months on summary conviction. Since July 2026, the summary maximum is two years less a day. More serious forms, involving a weapon or causing serious injury, carry higher penalties.

For a detailed breakdown, see our article on sentences for sexual assault and our sexual assault defence page.

Domestic Assault

An assault against a spouse, partner or family member can be charged under the ordinary assault sections, and the relationship is a legislated aggravating factor at sentencing. Read more in our article on potential sentences for a domestic assault charge, or see how we defend domestic assault charges.

Since 17 July 2026, Bill C-225, known as Bailey’s Law, has also created a distinct intimate partner violence offence under section 263.1. Its maximum penalty is tied to the underlying offence, but it can exceed that offence’s ordinary maximum. For example, a common assault committed against an intimate partner can carry up to 10 years under section 263.1, compared with 5 years under section 266. The same law repealed an older rule that raised the maximum only for people with a previous conviction for intimate partner violence.

Bill C-16, the Protecting Victims Act, also creates a new offence of coercive or controlling conduct toward an intimate partner. That offence isn’t in force yet. It will take effect no later than two years after the Act’s Royal Assent on 18 June 2026.

How Long Can You Go to Jail for Assault?

It depends heavily on the facts. Two people charged with the same offence can receive very different sentences. In broad terms:

• Common assault. For a first charge with little or no injury, jail is far from automatic. Many of these cases end with diversion, a peace bond, a discharge or probation. Jail becomes a real possibility with a prior record, a domestic context, a vulnerable complainant or repeated violence.
• Assault with a weapon or causing bodily harm. The range is wide. Less serious cases can end in a discharge, probation or a conditional sentence served in the community. Cases with a dangerous weapon or serious injuries can lead to months or years in jail.
• Aggravated assault. Sentences cover a wide range. Because the offence involves wounding, maiming, disfigurement or endangering life, jail is a real prospect, and the most serious cases can lead to multi-year penitentiary terms. Less serious cases can result in sentences under two years, including a conditional sentence where the legal conditions are met.

People serve sentences of less than two years in a provincial jail. People serve sentences of two years or more in a federal penitentiary.

No general guide can predict a sentence. The specific facts, the evidence, and the person’s background all count, and so does how they’re presented to the court.

How Do Judges Decide an Assault Sentence?

A sentence must be proportionate to the offence’s seriousness and the offender’s responsibility. Judges balance the purposes of sentencing set out in section 718 of the Criminal Code. These include denouncing the conduct, deterring the offender and others, protecting the public, rehabilitating the offender, and repairing harm to the victim and the community. Jail should be used only when a less restrictive sentence isn’t appropriate.

Within that framework, judges look at:

• The harm caused. A minor injury is treated very differently from a lasting or life-threatening one.
• The circumstances. Whether the assault was planned or spontaneous, whether a weapon was involved, whether alcohol or drugs played a part, and where it happened.
• The person’s record. A first offence is treated differently from a pattern of violence, especially similar offences.

Aggravating Factors

Section 718.2 of the Criminal Code lists factors that can increase a sentence. In assault cases, the most common are:

• abusing an intimate partner or a family member
• abusing a person under 18
• abusing a position of trust or authority
• an offence motivated by hate based on race, religion, sexual orientation, gender identity or a similar factor
• a significant impact on the victim, given their age and personal circumstances

Assaults on public transit operators and on peace officers also carry specific sentencing directions in the Criminal Code.

Mitigating Factors

Factors that can reduce a sentence include:

• no prior record
• a guilty plea and genuine remorse
• minimal or no injury
• steps taken since the offence, like counselling or treatment
• mental health issues or other personal circumstances connected to the offence
• a degree of provocation

What Sentences Can a Judge Impose for Assault?

Because the main assault offences carry no minimum, a judge can choose from the full range of sentencing options.

• Absolute discharge. The court finds guilt, but enters no conviction, and no conditions apply. The discharge record is removed from most searches after one year.
• Conditional discharge. Similar, but the person must follow probation conditions for up to three years. The record is kept out of most searches three years after the discharge.
• Suspended sentence with probation. A conviction is entered, but the person serves the sentence in the community under probation conditions.
• Fine. A payment set by the court, on its own or alongside probation.
• Conditional sentence. A jail sentence of less than two years served in the community, with conditions that can include house arrest. Since 2022, it’s available for many assault offences, including assault causing bodily harm and aggravated assault, if the legal conditions are met.
• Jail. A custodial sentence. Sentences of 90 days or less can sometimes be served intermittently, for example on weekends.

Discharges aren’t available for aggravated assault. Our articles on discharges, conditional sentences and sentencing options explain each one in more detail.

What Happens If You’re Charged With Assault for the First Time?

A first charge, especially for common assault with little or no injury, can open options that avoid a criminal conviction. Depending on the facts and the Crown’s position, these may include:

• Diversion. In Ontario, the Crown can divert some lower-level cases out of the court process. The person completes a programme, such as counselling or community service, and the Crown withdraws the charge. Learn more about the diversion program.
• Peace bond. The Crown withdraws the charge, and the person agrees to keep the peace and follow conditions, like staying away from the complainant, for up to a year. A peace bond isn’t a conviction. Read more about peace bonds.
• Discharge. If the person is found guilty, the judge may grant an absolute or conditional discharge instead of a conviction.

None of these is guaranteed. Availability depends on the injuries, the complainant’s position, the person’s background, and the Crown’s policies, especially in domestic cases.

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How an Assault Conviction Affects Your Future

A conviction creates a criminal record, and its effects can outlast the sentence. A record can:

• show up on employment and rental background checks
• rule out volunteering or work with children and vulnerable people, including teaching, childcare and healthcare
• make travel to the United States harder
• affect immigration status for anyone who isn’t a Canadian citizen

After a waiting period, a person can apply for a record suspension, which keeps the record separate from most searches. That’s why how a case resolves matters as much as the sentence itself.

Defences That Can Lead to an Acquittal

A sentence only follows a finding of guilt. The Crown must prove every element of the offence beyond a reasonable doubt, and several defences can apply.

• Self-defence. Under section 34, a person isn’t guilty if they reasonably believed force or a threat of force was being used against them or someone else, acted to defend against it, and acted reasonably in the circumstances. If the evidence gives the defence an “air of reality”, the Crown must disprove it beyond a reasonable doubt.
• Consent. Assault requires a lack of consent. Under section 265(3), consent obtained through force, threats, fraud or the exercise of authority doesn’t count. The Supreme Court in R v Jobidon also limited consent in fist fights where serious bodily harm is intended and caused.
• No intentional force. Accidental contact isn’t an assault.
• Identification and credibility. Many assault cases turn on conflicting accounts, so the reliability of witnesses and the physical evidence matter.

Our guide to types of assault charges and how to defend them covers these defences in more depth.

Speak With a Toronto Assault Lawyer About Your Charge

No guide can tell you what sentence you’ll receive, or whether you’ll be sentenced at all. That depends on the disclosure, the injuries, the witnesses, and your circumstances, and it starts with a careful case review.

Pyzer Criminal Lawyers has more than two decades of experience defending people charged with assault across Toronto, 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

How Long Do You Go to Jail for Assault in Canada?

There’s no fixed term. Common assault carries a maximum of 5 years, assault with a weapon or causing bodily harm 10 years, and aggravated assault 14 years. Many first-time common assault cases end without jail. Serious injuries, weapons or a record of violence make jail far more likely.

Can You Go to Jail for a First-Time Assault Charge?

Yes, but it isn’t automatic. For a first common assault charge with little or no injury, outcomes like diversion, a peace bond, a discharge or probation are possible. For a first charge involving a weapon or serious injury, jail is a realistic possibility.

Is Assault a Felony in Canada?

Canada doesn’t use the terms felony and misdemeanour. Offences are either indictable (the more serious category) or summary conviction offences. Most assault charges are hybrid, so the Crown chooses which way to proceed. Aggravated assault is always indictable.

What Is Section 266 of the Criminal Code?

Section 266 sets the penalty for common assault. It makes assault a hybrid offence, punishable on indictment by up to 5 years, or on summary conviction by up to two years less a day, a $5,000 fine, or both. Section 265 defines assault.

Will an Assault Conviction Show Up on a Background Check?

Yes. A conviction appears on a criminal record check until a record suspension is granted. An absolute or conditional discharge is treated differently. It isn’t a conviction, and most searches exclude the record after one or three years.