Assault causing bodily harm is a violent offence that can lead to significant legal consequences. In Canada, the judges impose sentences for assault causing bodily harm based on the presence of aggravating and mitigating factors, such as the first or second conviction, the degree of bodily harm, and other circumstances.
Depending on the severity of the offence, the sentences can range from non-custodial ones to several years in prison. Below, we discuss what is considered assault causing bodily harm in Canada, outline the range of criminal penalties and how they are applied, and explore common defence strategies.
Key Takeaways
- Assault causing bodily harm (s. 267) involves injuries that are more than minor or temporary.
- The offence is hybrid — it can be prosecuted summarily or by indictment depending on severity.
- The maximum penalty is 10 years’ imprisonment if prosecuted by indictment.
- There is no mandatory minimum sentence — courts have discretion based on the facts.
- Sentencing depends heavily on aggravating factors such as prior record, severity of injuries, and context (e.g., intimate partner violence).
- First-time offenders may receive noncustodial sentences, but serious injuries can still lead to jail time.
- A conviction can result in a permanent criminal record with long-term consequences for employment, travel, and immigration.
- Early legal advice can significantly impact charge classification, defence strategy, and sentencing outcome.
What Is Assault Causing Bodily Harm?
In Canada, assault is defined as the intentional application of force to another person, either directly or indirectly, without their consent. When such application of force results in injuries, the charges can be escalated to assault causing bodily harm as defined in Section 267 of the Criminal Code.
In Canadian criminal law, bodily harm means any injury that interferes with the victim’s health or comfort and is more than merely transient in nature. Examples of bodily harm include fracture of nasal bones, bruises around the eye, a large amount of hair pulled out by the roots, and other injuries that are more than trifling.
What Must the Crown Prove in This Offence?
When the prosecution lays charges for assault causing bodily harm in Ontario, the Crown must prove the following elements of the offence: intentional application of force the defendant must have deliberately applied force to the complainant; lack of consent the complainant did not consent to the application of force against them; and resulting bodily harm the injury resulted from the application of force by the accused and is more than trivial or trifling in nature. The Crown must prove each element beyond a reasonable doubt, and the defendant has no obligation to explain their conduct or disprove the Crown’s evidence.
“In assault causing bodily harm cases, the outcome often depends less on the label of the charge and more on how the injuries are proven in court. Medical evidence, context, and credibility all play a central role in whether a case stays at this level or escalates — and that is where a focused defence can make a real difference.”
Maximum Penalties for Assault Causing Bodily Harm
In Canada, assault causing bodily harm is a hybrid offence: the Crown chooses whether to proceed by indictment or summarily, depending on the severity of the offence, with a different set of consequences for the accused.
Indictable Offence
In serious cases, aggravating factors such as intimate partner violence, a second conviction, or a weapon being involved, the Crown may proceed by indictment. The maximum sentence is ten years in prison.
Summary Conviction
In less serious circumstances, for example, a first offence with minimal injuries, the Crown may elect to proceed summarily. The maximum penalty is two years less a day, or a fine of $5,000, or both.
Assault With a Weapon and Choking: The Other Two Branches of Section 267
Section 267 actually creates three offences with the same 10-year maximum: assault with a weapon (s. 267(a)), assault causing bodily harm (s. 267(b)), and assault by choking, suffocation, or strangulation (s. 267(c)). Two points matter in practice. First, “weapon” is broad; it includes imitation weapons and everyday objects used or threatened as weapons, and no injury is required for a s. 267(a) charge. Second, the choking branch requires no lasting injury either: an allegation of choking or strangulation, common in intimate partner cases, elevates what would otherwise be simple assault directly to s. 267, and courts treat strangulation as an inherently serious aggravating circumstance at sentencing. All three branches are hybrid offences with the same maximums: 10 years on indictment, two years less a day summarily and the sentencing principles described in this guide apply across all of them.
Is There a Minimum Sentence for Assault in Canada?
No — there is no mandatory minimum sentence for assault, assault causing bodily harm, or aggravated assault in Canada: the judge has full discretion to impose a sentence proportionate to the offence. The judges weigh the individual circumstances of the offence, the risk of reoffending, and other factors. Accordingly, the sentences for assault causing bodily harm in Canada can vary widely, from non-custodial sentences or imprisonment for less than a year to several years in prison.
Sentencing Factors Considered by Canadian Courts
According to Section 718.2 of the Criminal Code, when imposing a criminal punishment, the court should increase or reduce a sentence based on the presence of aggravating or mitigating factors.
Aggravating Factors
Circumstances that may lead the court to impose a longer sentence: serious injuries, intimate partner violence, breach of a court order, or a prior criminal record.
Mitigating Factors
Circumstances that may reduce the sentence: an early guilty plea, cooperation with police, genuine remorse, or a first offence.
Sentences for First-Time Offenders
If the offender has been found guilty of an offence for the first time, the court may consider this a mitigating factor, potentially leading to a more lenient sentence, probation, a conditional discharge, or a suspended sentence. At the same time, when assault causing bodily harm results in serious injuries, even a first-time offence may result in custody. The judges exercise broad discretion in factoring in both aggravating and mitigating circumstances, which can lead to varied sentencing outcomes for first-time offenders.
Differences Between Assault, Assault Causing Bodily Harm, and Aggravated Assault
In Canada, simple assault, assault causing bodily harm, and aggravated assault are different crimes prosecuted under separate sections of the Criminal Code, differentiated by the presence and severity of bodily harm:
| Offence | Section | Severity | Maximum prison sentence |
|---|---|---|---|
| Assault | s. 266 | No injury required; minor contact or threats | 5 years |
| Assault causing bodily harm | s. 267 | Bodily harm that interferes with health or comfort and is more than transient or trifling | 10 years |
| Aggravated assault | s. 268 | Injuries that wound, maim, disfigure or endanger the life of the victim | 14 years |
[NEW SENTENCE — PATCH 4] Where exactly the line between these offences runs — and how the Crown decides which to lay — is covered in our guide to the difference between assault and aggravated assault in Canada.
Common Defences in Assault Causing Bodily Harm Cases
The defence strategies are always case-specific. Common defences include: self-defence applying force could be found not guilty if the response was proportionate to the threat and reasonable under the circumstances; lack of intent — force must be applied intentionally and deliberately; mistaken identity — the Crown must prove the identity of the accused, and unreliable identification raises reasonable doubt; and consent in limited circumstances — no one can legally consent to the intentional application of force causing serious injuries, but within customary norms of sporting events consent can be a valid defence.
How Assault Charges May Affect Your Criminal Record
Assault causing bodily harm can have severe consequences beyond sentencing. A conviction creates a criminal record on RCMP systems visible on background checks, with repercussions for employment, travel, and immigration status. Record suspension may be available after 5 years for a summary conviction and 10 years for an indictable offence — preventing a conviction is the only way to avoid these consequences entirely.
Why Legal Representation Matters
Assault causing bodily harm belongs to the category of violent crimes, taken very seriously by police, the prosecution, and the judges due to public safety concerns. Given the serious nature of the charges, it’s essential to engage a criminal defence lawyer early: an experienced lawyer can examine the evidence, explore available legal options, and build a strong defence.
If you are facing an assault charge in Toronto or anywhere in the GTA, Vilkhov Law’s assault defence team is available for a free, confidential consultation.
FAQs
What is assault causing bodily harm in Canada?
A criminal offence under s. 267 of the Criminal Code involving injuries that are more than trivial or transient. It is a hybrid offence prosecuted by indictment or summarily, depending on the severity of the harm and other aggravating factors.
What is the sentence for assault causing bodily harm in Ontario?
From non-custodial options such as probation or a conditional discharge up to a maximum of 10 years in prison. Courts have full discretion based on aggravating and mitigating factors.
Can assault causing bodily harm lead to jail time?
Yes — especially where there are serious injuries, a second conviction, intimate partner violence, or other aggravating factors.
Is assault causing bodily harm a felony in Canada?
Canada does not use the terms “felony” or “misdemeanour”. The Criminal Code classifies offences as summary, indictable, or hybrid — assault causing bodily harm is a hybrid offence.
Can charges be reduced to simple assault?
Sometimes — where the injuries sit on the borderline of trivial or transient- the Crown or the court may reduce the charge. A lawyer can assess whether a reduction is a viable path in your case.
What happens if assault causing bodily harm is a first offence?
A first offence is a mitigating factor, but the outcome is always case-specific: minimal injuries may be resolved without custody, while serious injuries can result in jail even for a first offender.
What is assault with a weapon under s. 267(a)?
Carrying, using, or threatening to use a weapon or an imitation weapon while committing an assault. No injury is required; the definition of “weapon” includes everyday objects used as weapons, and the maximum penalty is the same: 10 years on indictment.
What is the sentence for assault by choking in Canada?
Choking, suffocation, or strangulation elevates an assault to s. 267(c), with the same maximums as bodily harm — 10 years on indictment. No lasting injury is required, and courts treat strangulation, particularly in intimate partner cases, as an inherently serious aggravating circumstance.
