An assault charge in Ontario can impact your freedom, reputation, and future. Whether it's a simple misunderstanding or a serious accusation, understanding what happens next — and how to protect yourself — is critical.
The skilled criminal defence lawyers of Toronto’s Mass Tsang provide you with detailed info on assault charges in Ontario, with guidance on potential penalties, the arrest process, and the importance of experienced legal advice.
If Ontario Police arrest you on assault charges, they will inform you of your rights, which include the rights to remain silent and to retain legal counsel. We highly recommend not discussing the alleged offence with police until you have spoken to a competent criminal defence lawyer.
Police will transport you to the police station for processing, which includes, at a minimum, collection of your personal information. With higher-tier assault charges, police will also photograph you and take fingerprints. Based on the severity of the assault, aggravating factors, and previous arrests, police will either release you from custody on your own recognizance (signing a form promising to appear in court) or detain you. If initially detained, the courts will hold a bail hearing to determine if pretrial detention is warranted or determine the conditions you’ll need to follow for pretrial release. An experienced bail hearing lawyer can help you navigate the complexities of Ontario’s Judicial Interim Release process.
Once you are arrested, police will inform you of your Charter rights, including your right to remain silent and to consult legal counsel. Never discuss your case with police until you’ve spoken with a lawyer.
Police will then process your arrest. For serious charges, this includes:
“ An experienced bail hearing lawyer can make a critical difference in securing your release quickly and with minimal restrictions,” says Jeff Mass, managing partner at Mass Tsang LLP .
| Step After Arrest | What It Involves |
|---|---|
| Rights Notification | Charter rights, including legal counsel access |
| Police Processing | Personal info, fingerprints, mugshots |
| Bail Hearing (if applicable) | Court decides pretrial release conditions or custody |
How to Beat an Assault Charge in Canada
Can the Victim Get Assault Charged Dropped in Canada?
How to Get Domestic Assault Charges Dropped in Ontario
Section 265 (1) of the Criminal Code defines assault as the intentional application of direct or indirect force against another person without their consent. Commonly referred to as “basic” or “simple” assault, charges for this offence typically arise from physical altercations. The Code further defines basic assault under two other parameters:
Assault with a weapon or causing bodily harm is defined by Section 267 of the Code as committing a Section 265 (1) assault:
Aggravated assault is the most serious level of assault and is defined by Section 268 of the Code as wounding, maiming, disfiguring, or endangering the life of the victim.
These 3 types of assault are charged as sexual assaults Under Sections 271-273 of the Code if the assault was deemed to have been committed for a sexual purpose. As previously noted, sexual assault convictions carry harsher punishments than standard assaults. Higher-tier sexual assaults and those involving victims under age 16 carry mandatory minimum prison sentences. Most convicted offenders also face mandatory registration on the National Sex Offender Registry.
What happens if you’re charged with assault in Ontario?
If you’re charged with assault in Ontario, you may face arrest, processing, possible detention, and a court hearing. Outcomes vary depending on the severity of the charge, but penalties can include fines, jail time, probation, or even dismissal of charges. A skilled criminal defence lawyer can help reduce or eliminate these consequences.
While not referenced by the Criminal Code, “domestic” assault is implicitly recognized and addressed by police and the courts, who take a zero-tolerance approach to assaults of a domestic nature. Those arrested for domestic assault typically face a bigger hurdle for gaining pretrial release, no-contact orders, and harsher punishment than non-domestic assault if convicted.
Section 265 of Canada’s Criminal Code defines assault as any intentional application of force, direct or indirect, without consent. The law also recognizes other forms of assault based on circumstances and severity.
| Assault Type | Maximum Penalty |
|---|---|
| Simple Assault | 5 years (indictable), 6 months + $5,000 fine (summary) |
| With Weapon or Causing Bodily Harm | 10 years (indictable), 2 years (summary) + fines |
| Aggravated Assault | 14 years imprisonment (indictable only) |
Jeff Mass explains, “Even in serious assault cases, effective defence strategies can reduce penalties or even prevent convictions altogether.”
Just because you’ve been charged with assault does not mean you will be convicted or face harsh penalties. “Skilled criminal defence lawyers are adept at challenging assault charges,” says Robbie Tsang , managing partner of the Greater Toronto Area’s Mass Tsang. “Our experience, knowledge of the law, and intimacy with the court system helps us strategize defensive solutions to steer clients toward the best outcome possible.”
“In many of our assault cases, our defence work leads to dropped charges, reduced charges, suspended sentences, or other favourable outcomes,” adds managing partner Jeff Mass . “Even when the Crown is vigorously prosecuting higher-tier assault cases, we never consider a conviction or severe punishment as a given.”
Potential outcomes in Greater Toronto Area assault cases include:
Being charged doesn't mean you'll be convicted. An experienced criminal defence team can help explore various pretrial options and strategic defences.
| Potential Outcome | Explanation |
|---|---|
| Dropped or Withdrawn Charges | Lack of evidence or issues with police procedure |
| Reduced Charges | Negotiated pleas to lesser offences (e.g., mischief or disturbance) |
| Pretrial Diversion | Alternative programs to avoid formal prosecution |
| Conditional/Absolute Discharge | Found guilty but no criminal record imposed |
| Suspended Sentence | Conviction without immediate jail time, but with probation |
| Conviction | Full penalties apply |
“ We’ve helped clients avoid jail time, reduce charges, and even clear their names altogether,” says Robbie Tsang . “Each case deserves a custom strategy, and that’s what our team delivers.”
While the Criminal Code does not list “domestic assault” separately, courts treat it more severely. It often results in:
Sexual assaults, particularly those involving minors, carry:
| Assault Category | Additional Legal Consequences |
|---|---|
| Domestic Assault | Treated as aggravating factor; typically stricter bail/sentencing |
| Sexual Assault | Includes registry, mandatory sentences, social stigma |
The right lawyer can challenge the Crown’s evidence, expose procedural errors, negotiate lesser charges, and present mitigating factors that reduce sentencing severity.
| Legal Defence Strategies | Impact |
|---|---|
| Challenge police evidence | Can lead to dropped/dismissed charges |
| Highlight Charter violations | May result in evidence exclusion or case dismissal |
| Present mitigating factors | Helps reduce sentence or secure alternative resolution |
| Negotiate with Crown | Favorable plea deals or diversion programs |
“ Our legal strategies are tailored to each client — there’s no one-size-fits-all defence,” says Jeff Mass .
If police have charged you with assault in the Greater Toronto Area, don’t try to fight the charges on your own. Instead, secure the criminal law knowledge and defence skills of an experienced criminal defence lawyer like those at Mass Tsang. Our dedicated legal team has developed an outstanding record of successful criminal defence for 1,000s of Greater Toronto Area clients fighting assault charges. To learn more about our expertise, contact us today.
