Navigating the Legal Process for Assault Charges: attributes of the judge
GettyImages

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

  1. What Are Assault Charges in Canada?
  2. What is Domestic Assault?
  3. Can You Go to Jail for Assault?
  4. Can You Get Bail for Assault in Canada?
  5. Your Legal Options Before Trial
  6. How to Beat an Assault Charge in Canada
  7. What to Expect at Trial for Assault Charges?
  8. How Long Can You Go to Jail for Assault?
  9. Find a Criminal Lawyer to Defend Assault Charges in Ontario
  10. 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.

By |2025-05-14T09:07:07+00:00May 13th, 2025|Criminal Defence, Domestic Assault, Uncategorized|

5/5 - (1 vote)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 158 reviews fromLucia GurzauLucia Gurzau ★★★★★ I had an outstanding experience working with Igor Vilkhov. From our first consultation to the final resolution of my case, they demonstrated exceptional professionalism, deep legal knowledge, and genuine care for my situation. They communicated clearly, responded promptly, and always kept me informed throughout the process. Thanks to their dedication and expertise, we achieved a successful outcome. I highly recommend Igor Vilkhov to anyone in need of reliable and effective legal representation.BillyBilly ★★★★★ Igor is an unreal lawyer to say the least. Igor is a skilled attorney that is personable and reasonable. He was kind enough to explain the process and got me the results I needed. Would absolutely recommend him, excellent criminal lawyer.Ken ThamKen Tham ★★★★★ I cannot express how wonderful it was to work with and be represented by Igor and his team. Right from the start, Igor showed he cared - by listening, showing compassion and empathy for my situation, yet being fully transparent and honest about the process. He answered any and all of my questions and made me feel very secure and at ease. I got the result I wanted and Igor was true to his word in how things would play out. I would not hesitate to call upon Igor again, if needed, and would certainly recommend him. Thanks Igor!B KhanB Khan ★★★★★ Randy RaczRandy Racz ★★★★★ Lucas DeanLucas Dean ★★★★★ Incredibly talented and hard working team of lawyers in all of Ontario, and possibly the country. I cannot properly convey how extraordinary the team at Vilkhov law is. Igor was always willing to take my calls and alleviate my concerns. Joel and Jackie did tremendous work on my trial and spent countless hours working to ensure I was properly prepared for anything.I spent 6 months incarcerated at Toronto South Detention and Igor and his team were always willing to take my calls and even visited me while I was in jail.I am happy to state that I was acquitted of the most serious charges, and received a discharge for the lesser charges. My matters will be finalized shortly and I cannot wait to be free to live my life once more.To Igor, Joel, Jacklyn, and Daniel:Thank you for everything. I wish you all the very best in your pursuits and I will be sure to recommend you as often as possible.Mukesh SethiMukesh Sethi ★★★★★ Igor, provided exceptional legal representation, demonstrating expertise, professionalism, and dedication throughout my case. His strategic approach and deep understanding of criminal law led to a favourable outcome. I highly recommend Igor to anyone in need of a skilled and reliable criminal defence attorney.matthew jmatthew j ★★★★★ I was charged for the very serious offence Igor and his team got me Got my charges acquitted and I was free after 31 months, including a trial, Igor and his team are wonderful at what they do. Highly recommend couldn’t thank Igor enough.Joe OroszJoe Orosz ★★★★★ Igor did an amazing job. Was looking at 4 years 3 charges. Not guilty on all counts. I'd recommend him highly. He assured my freedom, he will do the same for you.Mehboob PatelMehboob Patel ★★★★★ E ME M ★★★★★ Igor is, without a doubt, one of the top lawyers in the country. When I approached him with my case, I was uncertain about the outcome. However, Igor's exceptional support and guidance alleviated my concerns. He was always available to answer my questions, and his flexible payment plan was a huge relief.What impressed me most was Igor's unwavering confidence and commitment. He assured me that he never backs down from trials, and his reputation precedes him. This is what kept me at peace through out the case.Throughout the process, Igor handled my case with utmost professionalism, keeping me informed every step of the way. His office was incredibly helpful, providing regular updates and ensuring a seamless experience.I had 2 charges which have severe consequences but the outcome of my case exceeded my expectations, thanks to Igor's expertise and dedication. I couldn't recommend him more highly, especially for those facing criminal cases. Igor truly goes above and beyond, and his services are unparalleled.x NoVAx NoVA ★★★★★ Igor did amazing job, I was very stressed out when I found out I had been charged with SA but every step of the Igor was there for me and was looking out for my best interest. He was always responsive and kept me up to date with all updates given to him and directly to me, if he wasn’t available he always had someone update me. Got me off my charges and helped me save jail time. Igor is the guy you need if you’re involved in any sort of similar situationforrzen Sherzadforrzen Sherzad ★★★★★ Dear Igor, I just wanted to take a moment to express my heartfelt gratitude for everything you’ve done for us. Your hard work and dedication in getting my husband released from jail mean the world to me. I’m so incredibly happy right now, and I truly believe you are the best lawyer ever!Your expertise and support throughout this process have been invaluable, and I can’t thank you enough. I will definitely be referring you to all my friends and family, and I’ll be leaving a 5-star review to share how amazing you are. Thank you again for everything! 🙏🏽🙏🏽🙏🏽🙏🏽❤️❤️❤️❤️❤️❤️ we are so grateful for you thank you so much Igor you saved Jerome life your are truly the greatest!!!Michie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.Richard HyltonRichard Hylton ★★★★★ I cannot thank Igor enough for his amazing service. I was facing a serious charge that felt overwhelming. But Igor’s calm demeanour and level headed approach to my case gave me reassurance.Thanks to his amazing work everything was completely withdrawn, which allowed me to reclaim my life. I feel free to move forward without the weight of this hanging on my head. Thank God for Igor’s services! If you need a criminal lawyer, hire him!Ryan WiltonRyan Wilton ★★★★★ Igor Vilkhov and his associate Joel Prajs has been an absolutely amazing lawyers to work with, they've saved me copious amounts of grief on my legal matters.Their diligence to my matter and their ability to work with me and my schedule were greatly appreciated.I'd give them higher than 5 star rating if I could, my new number 1 lawyer!!Dennis ParkDennis Park ★★★★★ Igor is an absolute fantastic lawyer and I would highly recommend. I was facing some serious charges and Igor not only got all my charges withdrawn, he was very caring and informative through out the whole process. I owe him very dearly for getting me a second chance at life.Jodi HixonJodi Hixon ★★★★★ My name is Gary Hixon I've had Igor as my lawyer, and he did nothing but worked on my case and he got me worried at first , but because of COVID the first time I actually met him was when he hit my case out of the ball park. He's a great man I recommend him too all. Thank you Igor.Big DOWNEYYYBig DOWNEYYY ★★★★★ Greatness!!!! Mr.Igor Vilkhov and his team did a tremendous job on my stabbing case! He saved my life today I was facing years in the penitentiary for assault and he literally got it reduced to 2 years house arrest. He was an absolute pleasure to work with has a great attitude & I highly recommend him to everyone looking for a defense lawyer. He is definitely one of the TOP LAWYERS in Toronto! Thank you so muchTristan SmithTristan Smith ★★★★★ Igor has been a tremendous help and has saved my life, not just metaphorically. I can't think of a better and more competent person (and team) to have behind you! I just walked out of the courthouse acquitted after trial. I was facing five years in jail. Thank you so much.Zabi AkbariZabi Akbari ★★★★★ Mr. Vilkhov represented me in a trial today and I was found not guilty. I am a professional and this caused a lot of emotional turmoil for me. Igor was amazing during the trial, he absolutely nailed it. Thank you for getting my life back.js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top