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Common assault under section 266 of the Criminal Code is the most frequently laid violence charge in Ontario, and a conviction leaves a permanent criminal record even where no one was injured. An assault does not require an injury — an unwanted touch, or even a threatening gesture, can be enough. If you have been charged with assault in Toronto or the GTA, the defence starts before your first court date. Vilkhov Law defends assault charges at every level of court in Ontario — free, confidential, 24/7, at 647-491-5237.
Most assault cases turn on credibility and context — who did what, in what order, and why — so the earlier counsel reviews the disclosure and any 911 recordings, video, or witness accounts, the stronger the defence.
Igor Vilkhov is the founder of Vilkhov Law and a criminal defence lawyer based in Toronto, licensed by the Law Society of Ontario and a member of the Criminal Lawyers' Association. He has defended assault and other violence charges in the Ontario Court of Justice and the Superior Court of Justice, appearing at Old City Hall, College Park, and courthouses across the GTA including Brampton, Newmarket, Oshawa, and Scarborough. The firm also includes Benson Wilson and Kian Borna, criminal defence lawyers who handle assault matters from the first appearance through trial.
Assault charges are often laid quickly, on one person's version of a heated moment. The police report is rarely the full story. Our job from the first call is to get the disclosure, find the parts of the account that don't hold together, and identify whether self-defence or consent is genuinely in play — before anyone gives a statement they can't take back.
— Igor Vilkhov, Founder, Vilkhov LawExperienced Toronto defence lawyers can fight your criminal charges.
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Assault is defined in section 265 of the Criminal Code as the intentional application of force to another person, directly or indirectly, without their consent — and it does not require any injury.
Section 265 sets out three ways an assault can be committed:
The offence commonly called “common” or “simple” assault is charged under section 266. Because no injury is required, assault charges frequently arise from minor altercations, workplace incidents, and disputes between people who know each other. Words alone are not an assault, and a genuine accident — bumping into someone on a crowded subway is not an assault, because the act must be intentional.
Assault is charged at three main levels depending on the force used and the harm caused: common assault (s.266), assault with a weapon or causing bodily harm (s.267), and aggravated assault (s.268).
| Offence | Section | Election | Maximum (indictment) |
|---|---|---|---|
| Common (simple) assault | 266 | Hybrid | 5 years |
| Assault with a weapon / causing bodily harm | 267 | Hybrid | 10 years |
| Aggravated assault | 268 | Indictable | 14 years |
This page focuses on common assault under section 266. If your charge involves a weapon, bodily harm, or an allegation in a domestic context, see our pages on assault with a weapon or causing bodily harm, aggravated assault, and domestic assault.
Common assault is a hybrid offence with no mandatory minimum, so the full range of sentences — from a discharge to jail — is available, and many first-time cases resolve without a conviction.
| Mode of prosecution | Maximum | Minimum |
|---|---|---|
| Indictment (s.266(a)) | 5 years | None |
| Summary (s.266(b)) | 2 years less a day and/or $5,000 fine | None |
Because there is no mandatory minimum, a court can impose an absolute or conditional discharge (no criminal record), a suspended sentence with probation, a fine, a conditional sentence, or a period of custody, depending on the facts and the accused's record. In appropriate cases — particularly minor, first-time incidents — the Crown may agree to resolve the matter with a peace bond under section 810, a diversion program, or another non-conviction outcome, which can result in the charge being withdrawn. No outcome can be predicted before the disclosure is reviewed.
The defences that most often succeed on an assault charge are self-defence, consent, and the absence of intent — and which applies depends entirely on the facts of the incident.
Do not give a statement to police and do not contact the complainant — exercise your right to silence and your right to counsel, and follow every condition of your release.
If you are held, a bail hearing takes place within 24 hours, and the Crown will often seek a no-contact order and other conditions. Experienced bail counsel can propose a plan that lets you keep your job and home while the case proceeds. Once charges are laid, your lawyer obtains full disclosure — police notes, witness statements, 911 recordings, and any video — and reviews it for inconsistencies, gaps, and Charter issues. Breaching a bail condition is a separate charge, so follow your conditions to the letter.
Beyond a criminal record, an assault conviction can affect travel to the United States and, for non-citizens, immigration status.
A criminal record can affect employment, volunteering, and entry to the United States. For permanent residents and other non-citizens, a conviction can carry immigration consequences; the most serious exposure — “serious criminality” under the Immigration and Refugee Protection Act — is generally tied to offences carrying a maximum of ten years or more, which includes assault with a weapon or causing bodily harm and aggravated assault. Any immigration exposure should be assessed before a plea is entered.
Our Toronto criminal defence team represents clients charged with assault across the GTA, including Etobicoke, North York, Scarborough, Mississauga, Brampton, Markham, and Vaughan. If you have been charged, contact us now for a free, confidential consultation.
Assault is defined in section 265 of the Criminal Code as the intentional application of force to another person, directly or indirectly, without their consent. It also includes attempting or threatening, by an act or gesture, to apply force where the other person reasonably believes you can carry it out. Common assault is charged under section 266.
No. An injury is not required. Any intentional, non-consensual touching can be an assault, and even a threatening gesture can qualify if the other person reasonably believes you have the present ability to apply force.
Common assault (s.266) covers non-consensual force with no or minor harm. Assault with a weapon or causing bodily harm (s.267) involves a weapon or an injury that is more than trifling, and carries up to 10 years. Aggravated assault (s.268) involves wounding, maiming, disfiguring, or endangering life, and carries up to 14 years.
Common assault is hybrid. On indictment the maximum is 5 years; on summary conviction the maximum is 2 years less a day and/or a $5,000 fine (since Bill C-75 in 2019). There is no mandatory minimum, so outcomes range from a discharge to custody.
Yes. Under section 34, if you used force to protect yourself or another person from force or the threat of force and your response was reasonable in the circumstances, self-defence is a complete defence. It is the most common defence to an assault charge.
In appropriate cases, yes. Particularly for minor, first-time incidents, the Crown may agree to a peace bond, a diversion program, or another resolution that results in the charge being withdrawn. Whether that is available depends on the facts and the disclosure.
The first appearance is administrative — no plea is entered, and no trial takes place. Your lawyer can attend on your behalf, request disclosure, and begin discussions with the Crown. If you were held, a bail hearing occurs within 24 hours of arrest.
It can. A conviction creates a criminal record that may affect entry to the United States, and for non-citizens it can carry immigration consequences. The most serious immigration exposure is generally tied to the more serious assault offences carrying a 10-year maximum or more.
Many summary assault matters resolve within several months, while contested cases that proceed to trial can take a year or longer. Delay beyond the presumptive ceilings set in R. v. Jordan can, in some cases, support a stay of proceedings.
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.
