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Aggravated assault is the most serious form of simple assault under the Criminal Code of Canada. It is a straight indictable offence with a maximum sentence of 14 years, no summary conviction option, and consequences including a permanent criminal record and a weapons prohibition order. How your case is handled from the first police interview onward can materially affect the outcome.
Vilkhov Law's criminal defence lawyers have represented clients facing aggravated assault charges in the Ontario Court of Justice, Old City Hall Courthouse, and other courts across the GTA, drawing on deep local experience with how these cases are prosecuted.
Facing an aggravated assault charge means facing the most serious form of assault in the Criminal Code, one with no summary conviction option and a maximum sentence of fourteen years. An effective defence has to address two separate questions: whether an assault occurred at all, and whether the Crown can prove the aggravating element (wounding, maiming, disfigurement, or endangering life) beyond a reasonable doubt.
At Vilkhov Law, our lawyers bring extensive combined experience defending serious violent offences, from assault causing bodily harm to aggravated assault. We understand the intricacies of Toronto courts and Ontario assault law, and bring a dedicated, client-focused approach tailored to your circumstances.
Igor Vilkhov, founder of Vilkhov Law, has defended serious assault matters across the Greater Toronto Area. A committed advocate of the presumption of innocence, Igor is known for his direct, empathetic approach with clients both inside and outside the courtroom. He is a member of the Law Society of Ontario and the Criminal Lawyers' Association.
Benson Wilson, a criminal defence lawyer at the firm, has substantial experience defending violent offences and appearing at bail hearings and bail reviews. Benson works closely with clients at every stage of a serious assault file, from the first bail hearing through trial.
Igor and Benson bring meticulous case preparation and assertive courtroom advocacy to every aggravated assault matter they handle in Toronto and across the GTA.
Section 265 of the Criminal Code of Canada broadly defines assault as the intentional application of force to another person, directly or indirectly, without their consent. Under section 268 of the Criminal Code, an assault becomes aggravated assault when the accused wounds, maims, disfigures, or endangers the life of the complainant.
Unlike simple assault, aggravated assault requires an injury, or a real risk of one, that is substantial. The accused does not need to have intended to wound, maim, or endanger the complainant's life; it is enough that there was an intention to apply force, combined with objective foreseeability of bodily harm arising from that conduct.
An assault only occurs where there is a lack of consent, but the law limits what a person can consent to. As a general rule, a person cannot consent to aggravated assault (intentional serious bodily harm) even where they consented to a fight. Where the line falls between what can and cannot be consented to depends heavily on the specific facts, and an aggravated assault lawyer can advise on how this applies to your case.
Aggravated assault under section 268(2) of the Criminal Code is a straight indictable offence, with no option for the Crown to proceed summarily. This sets it apart from simple assault under section 266 and assault with a weapon or causing bodily harm under section 267, which are both hybrid offences.
Anyone arrested for aggravated assault must be told of their right to counsel. Exercising that right, and saying nothing further to police beyond identifying yourself, is the most important step you can take before speaking with an aggravated assault lawyer.
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An aggravated assault lawyer plays a role at every stage of the process: helping you navigate the system, advocating for release on bail, evaluating the Crown's case, and building your defence.
Because aggravated assault is a serious violent offence, the Crown usually contests release, resulting in a contested bail hearing. The Crown must show cause as to why detention is in the public interest, though in some circumstances the onus shifts to the accused to justify release.
Bail is assessed on three grounds: whether you are a flight risk, whether you pose a threat to public safety, and whether detention is necessary to maintain confidence in the administration of justice. The court also weighs your ties to the community, criminal history, and the strength of a proposed bail plan, including the adequacy of any sureties.
Under the ladder principle, reaffirmed by the Supreme Court of Canada in R. v. Antic, 2017 SCC 27, the least restrictive release conditions that address the Crown's concerns must be imposed unless the Crown demonstrates that stricter conditions are necessary. An experienced bail lawyer can hold the court to this principle and advocate for reasonable conditions.
During the pre-trial stage, your lawyer reviews the Crown's disclosure and appears on your behalf at Crown and judicial pre-trial meetings, which can lead to a resolution without a full trial.
Your lawyer requests full disclosure of the Crown's evidence, which can include witness statements, medical records establishing the extent of any injuries, and forensic evidence, and reviews it for inconsistencies, gaps, and Charter issues that could support your defence.
An aggravated assault conviction carries consequences well beyond sentencing, including impacts on employment, immigration status, and travel.
| Consequence | Details |
|---|---|
| Straight indictable offence | Maximum sentence of fourteen years' imprisonment; there is no summary conviction option under s. 268(2) |
| Criminal record | A conviction creates a criminal record that can affect employment, housing, immigration status and international travel |
| Weapons prohibition | A conviction is commonly followed by an order prohibiting the possession of weapons |
| DNA order | A conviction results in an order to provide a DNA sample for the National DNA Data Bank; the order can be refused only where the impact on the person's privacy and security is grossly disproportionate to the public interest |
| Preliminary inquiry | Available given the maximum sentence, at the request of either party |
Both offences involve injury to the complainant, but they are separate offences with different consequences. In assault causing bodily harm, the injury is more than merely transient and interferes with the complainant's health or comfort. Aggravated assault requires wounding, maiming, disfigurement, or endangerment of life: harm that is permanent, life-threatening, or otherwise substantially more serious.
| Level | Criminal Code Section | Maximum Sentence (Indictment) |
|---|---|---|
| Simple assault (no weapon, no notable injury) | s. 266 | 5 years |
| Assault with a weapon or causing bodily harm | s. 267 | 10 years |
| Aggravated assault (wounding, maiming, disfigurement, or endangering life) | s. 268 | 14 years |
See section 266, section 267 and section 268 of the Criminal Code for the full statutory language.
Building an effective defence should start as early as possible, ideally before or immediately after arrest.
Your lawyer will request full disclosure of the Crown's evidence, regardless of whether the Crown intends to rely on it at trial, and assess it for factual, legal, and Charter issues.
Given the maximum sentence of fourteen years, an accused is entitled to a preliminary inquiry and can elect trial by a provincial court judge, a judge alone in the Superior Court, or a judge and jury in the Superior Court. This choice can materially affect how the case unfolds.
Aggravated assault is defined in section 268 of the Criminal Code. It occurs when a person, in committing an assault, wounds, maims, disfigures, or endangers the life of the complainant. It is the most serious form of assault short of homicide, and carries a maximum sentence of fourteen years.
Assault causing bodily harm under section 267 involves injury that is more than merely transient and interferes with the complainant's health or comfort. Aggravated assault under section 268 requires more serious harm: wounding, maiming, disfigurement, or endangering the complainant's life. Aggravated assault is also a straight indictable offence, while assault causing bodily harm is a hybrid offence.
Canadian law does not use the term “felony.” Offences are classified as summary conviction, indictable, or hybrid. Aggravated assault is a straight indictable offence, the Canadian equivalent of what some other jurisdictions call a felony.
There is no fixed amount. Bail depends on the circumstances of the allegation, the proposed sureties, and the accused's ties to the community. Because aggravated assault is a serious violent offence, the Crown usually contests release, which leads to a contested bail hearing rather than a fixed bail amount being set automatically.
The maximum sentence is fourteen years' imprisonment. There is no mandatory minimum sentence under section 268 itself, though the court considers aggravating and mitigating factors, including whether a weapon was used and the extent of the injuries.
In some cases. Where the medical or evidentiary record does not support wounding, maiming, disfigurement, or endangerment of life, the Crown may agree to proceed on assault causing bodily harm or simple assault instead, depending on the strength of the evidence.
Common defences include self-defence, defence of another person, challenging whether the aggravated element of the offence is made out, and mistaken identity. Which defence applies depends entirely on the specific facts of the case.
Yes. A conviction creates a criminal record that can affect employment, housing, immigration status, and international travel, in addition to any custodial sentence imposed.
Given the maximum sentence of fourteen years and the likelihood of a contested bail hearing, early legal representation is important. A lawyer can work to secure release on reasonable conditions, request full Crown disclosure, and begin building a defence from the outset.
Our team of sexual assault lawyers in Toronto and nearby regions serves clients across the GTA and Southern Ontario. Whether you’re in Mississauga, Brampton, Vaughan, or Barrie, we are here to help. Looking for a sexual assault lawyer near you? Contact us now.
