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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 since even an unwanted touch, or even a threatening gesture, can be enough for the charges to be laid. Engaging an experienced assault lawyer in Toronto early is critical because the way the charges are handled from day one can shape every stage of your case that follows.
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 in Ontario Court of Justice courthouses and Superior Court of Justice courthouses across Toronto and the whole GTA. Our consultation is free, confidential, and available 24 hours a day, 7 days a week.
Most assault cases turn on credibility and context: who did what, in what order, and why. Generally, the earlier your assault lawyer 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 at 10 Armoury Street and the Superior Court of Justice at 361 University Avenue in Toronto, as well as 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. Our assault lawyers appear in all criminal courthouses across the GTA and Simcoe County, depending on where the case is heard.
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.
— Benson (Ben) Wilson, Associate LawyerExperienced 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 results from “serious criminality” under the Immigration and Refugee Protection Act. The immigration law defines these as offences carrying a maximum of ten years or more, including assault with a weapon or causing bodily harm, sexual assault, aggravated assault, and aggravated sexual assault, or an offence like common assault for which a term of imprisonment of more than six months has been imposed. Any immigration exposure should be assessed before a plea is entered.
Our Toronto criminal defence team represents clients charged with assault in criminal courts of all levels. We appear in all criminal courthouses, including the new Ontario Court of Justice courthouse in Toronto at 10 Armoury Street and the Superior Court of Justice courthouse at 361 University Avenue.
Our assault lawyers defend clients in assault-related charges across all GTA-area courts, including:
Beyond the GTA, we represent clients in Simcoe County, including Barrie and Innisfil. We can schedule your legal appointment with our criminal lawyers at our Toronto office or at the GTA-area courthouse, depending on your situation.
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. Assault charges can be laid even in the absence of physical contact if you make a threatening act or gesture and the complainant reasonably believes you have the present ability to apply force against them. In other cases, any intentional, non-consensual touching can be an assault under the circumstances.
Common assault (Section 266) covers non-consensual force with no or minor harm. Assault with a weapon or causing bodily harm (Section 267) involves a weapon or an injury that is more than trifling, and carries up to 10 years. Aggravated assault (Section 268) involves wounding, maiming, disfiguring, or endangering life, and carries up to 14 years.
Common assault is a hybrid offence, meaning the Crown can proceed by indictment or summary conviction. 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 came into force in 2019). There is no mandatory minimum, so outcomes range from a discharge to custody.
Depending on the circumstances, self-defence can be a valid defence to assault charges. Under Section 34 of the Criminal Code, if you used force to protect yourself or another person from force or the threat of force that you reasonably believed was occurring, and your response was reasonable in the circumstances, self-defence can be used as a defence against assault charges.
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, where no plea is entered, and no trial takes place. During your first court appearance for assault, your lawyer can attend on your behalf, request disclosure, and begin discussions with the Crown. However, if you were arrested and held in custody, your first court appearance is usually the bail hearing, which typically occurs within 24 hours of arrest, where your release on bail will be decided.
Yes, a conviction for assault in Canada can affect both your travel opportunities and immigration status in Canada because it results in a criminal record. Having a criminal record in Canada may affect entry to the United States, while for non-citizens it can carry immigration consequences. Generally, the most serious immigration exposure is tied to the more serious assault offences carrying at least a 10-year maximum, or to offences like common assault for which a term of imprisonment of more than six months has been imposed.
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.
