Key Takeaways
- Reported Assault Incidents Often Result in Arrest: If arrested for assault, you will be detained and brought to the police station.
- Domestic Violence Is Treated Differently: The legal process for assault charges in a domestic setting is different, while assault against an intimate partner is considered an aggravating factor.
- You Have the Right to Reasonable Bail: Your lawyer can help you obtain favourable bail conditions and advocate for your release before trial.
- Assault Charges Can Lead to Serious Jail Time: The criminal penalty for assault depends on the seriousness of the case and can include a lengthy prison sentence.
- Retaining a Criminal Lawyer is the Best Defence: Your lawyer can help you navigate the assault case procedure, examine the evidence, and apply a tailored defence strategy to ensure the most favourable possible outcome.
Table of Contents
- What Are Assault Charges in Canada?
- What is Domestic Assault?
- Can You Go to Jail for Assault?
- Can You Get Bail for Assault in Canada?
- Your Legal Options Before Trial
- How to Beat an Assault Charge in Canada
- What to Expect at Trial for Assault Charges?
- How Long Can You Go to Jail for Assault?
- Find a Criminal Lawyer to Defend Assault Charges in Ontario
- FAQ about Legal Process for Assault Charges
Assault is one of the most common offences in Canada and has a very broad definition in the Criminal Code. Getting charged with assault doesn’t require the application of physical force on a victim since just a simple gesture or a threat can be enough to be considered criminal behaviour.
While hiring a lawyer is always the best strategy in criminal cases, understanding the legal process for assault charges in Ontario can help reduce uncertainty and increase the chances of a positive outcome. Keep reading to learn what to expect from the legal proceedings and how to beat an assault charge in Canada.
What Are Assault Charges in Canada?
In the Criminal Code, simple assault is defined as the intentional application of force to another person against their consent, for example, when shoving or pushing someone. You can also be criminally charged when attempting or threatening to apply force on a victim if your actions cause another person to reasonably believe they could be assaulted.
There are different legal consequences depending on the severity of assault, including:
- simple assault as defined in Section 265 of the Code,
- assault with a weapon or causing bodily harm,
- aggravated assault involving wounds or endangering the life of a victim.
What is Domestic Assault?
Depending on the context, assault can be considered domestic or non-domestic violence and could follow a different legal path:
- Domestic assault: When assault involves people in an intimate relationship, the charges are most often treated more seriously and sent to special courts with special prosecutors who often seek harsher punishments. Learn more about domestic assault charges.
- Non-domestic assault: Other types of assault not involving intimate partners are prosecuted by general criminal courts.
Can You Go to Jail for Assault?
In many cases, when someone calls 911 because you assaulted them, the police will proceed with the arrest. They will handcuff you and bring you to the police station, where you will be photographed and fingerprinted.
After the arrest, the police will either release you or keep you in custody until a bail hearing, depending on the severity of the offence. It’s in your best interest to invoke your Charter rights, politely refuse to answer any questions, remain silent, and hire a criminal lawyer to represent you.
Can You Get Bail for Assault in Canada?
In Canada, everyone has the right to reasonable bail for any type of domestic or non-domestic assault. The judge will decide if you should be granted bail and bail conditions, depending on the risk you pose to the public and other circumstances, for example:
- If you are facing a first time assault charge in Canada,
- When the incident involves a domestic partner or aggravated circumstances,
- If there is a flight risk or other similar factors.
If the prosecution believes you should be kept in jail before trial, it is their duty to provide the judge with reasons why you should be denied bail. However, in serious cases, for example, in a domestic assault following a previous conviction, or where a weapon was involved, you will need to convince the court why your detention is not justified and present a solid bail plan.
Facing an assault charge in Ontario? Get advice from an experienced criminal defence lawyer in Barrie, Brampton, Vaughan or Scarborough. Call today for a free consultation.
Your Legal Options Before Trial
There are several scenarios before you go to the court, which may lead to charges being dropped, dismissed or significantly reduced before trial. Your criminal case can end before the charges are tested at trial, and your lawyer can help you explore available options to avoid the negative consequences of a potential conviction.
First, your lawyer will need to obtain all the evidence the Crown Attorneys have against you and check it for inconsistencies and weaknesses. During pre-trial hearings, your lawyer will discuss the evidence and explore the position of the prosecution, and develop a defence strategy tailored to your case.
How to Beat an Assault Charge in Canada
Depending on the individual circumstances, there are several possible defences, which include:
- Challenging the Evidence: Upon review of the evidence, your criminal lawyer can identify any inconsistencies in the prosecution’s case or a lack of proof beyond a reasonable doubt.
- Charter Application: Your lawyer may ask the court to suppress the evidence if it was obtained in violation of your Charter rights.
- Self-Defence: The Criminal Code allows the use of reasonable force against others in self-defence, if such force is proportionate to the threat.
- Lack of Intent: You cannot be criminally charged for assault where there is no intent, for example, when accidentally bumping into someone.
- Your defence lawyer may file a Charter challenge if your rights were violated during arrest or detention. In some cases, this could result in the exclusion of critical evidence.
- Another common strategy involves questioning the credibility of the complainant or highlighting inconsistencies in witness statements.
What to Expect at Trial for Assault Charges?
If you go to trial for a first-time assault charge in Canada, you may have a lot of questions. For example, does the victim of assault have to go to court, or how long can you go to jail for assault? Our Barrie criminal lawyer can address all your questions and provide clear guidance on what to expect during the process.
If your case goes to trial, the prosecution will present their evidence and call their witnesses and the victim to testify in court. In most cases, simple assault charges are tried without the jury by a judge alone, who will review the prosecution’s case and the arguments of the defence before deciding on a verdict.
How Long Can You Go to Jail for Assault?
In Canada, the assault case procedure and the consequences of conviction depend on whether the Crown prosecutes summarily or by indictment. The Crown chooses the mode of prosecution depending on the severity of the offence and the presence of aggravating circumstances.
In summary conviction, the maximum penalty for assault is two years less a day of jail time and/or a $5,000 fine. Meanwhile, the sentencing for indictable cases varies depending on the type of assault. For example, in indictable cases involving simple assault, the maximum sentence is 5 years. In indictable cases involving an assault with a weapon charge, the prosecution can ask for a maximum penalty of 10 years in prison.
Find a Criminal Lawyer to Defend Assault Charges in Ontario
The first-time assault charge consequences can be disruptive and include not only long prison sentences, but also a criminal record and other restrictions, affecting your ability to travel or find employment. You need a tailored defence strategy and a clear answer on questions related to your specific situation, for example, what to do if charged with assault with a weapon, or when facing domestic violence charges.
If you face assault charges in Ontario, including Barrie, Brampton, Scarborough, Vaughan, Newmarket or anywhere else in the GTA, please don’t hesitate to contact the Vilkhov Law defence team. Our experienced criminal lawyers will offer a free initial consultation to help you better understand your situation and explore your legal options.
FAQ about Legal Process for Assault Charges
What should I do if I’m arrested for assault in Ontario?
Remain silent, request a lawyer, and do not answer police questions without legal advice.
Can the victim drop assault charges in Canada?
No. In Canada, it is the Crown prosecutor — not the victim — who decides whether to proceed with charges.
What are the penalties for a first-time assault charge?
Penalties vary depending on the circumstances. You could receive a discharge, probation, or even jail time.
Does the victim have to testify in court?
In most cases, yes. The victim may be subpoenaed and required to appear in court.
Can I avoid jail if this is my first offence?
Possibly. A strong defence, especially with no prior record, can lead to diversion, peace bonds, or acquittal.
What should I do if I’m charged with assault with a weapon?
Contact a criminal defence lawyer immediately. These charges carry more severe penalties, and early strategy is critical.
