By choosing the Strategic Criminal Defence team, led by Dylan Finlay, you’re working with professionals who offer:
- Experience in over 1,000 criminal cases.
- Over 120 five-star Google reviews.
- 25 years of combined criminal defence service.
- 24/7 availability.
Many questions are probably going through your mind right now. We’re here to help, but you may need to work quickly. It’s important to speak to us as early as possible in your case.
What to do next: 3 steps if you’ve been accused of assault
If you or a family member has been charged or is under investigation by the Toronto Police Service:
- Exercise your right to remain silent: Do not provide statements, written explanations, or apologies to police or third parties without legal advice.
- Preserve all relevant evidence: Save text messages, call logs, security footage, or social media interactions that provide context to the incident.
- Contact a Toronto assault defence lawyer ASAP: Early representation allows us to secure evidence before it’s lost and manage communications with law enforcement.
It’s almost always best to talk to a lawyer before deciding how to respond on your own.
Contact us for a free, no-obligation consultation.
What is assault under Canadian law?
Assault is intentionally applying force, or threatening to, without someone’s consent. It is a wide-ranging offence covered in sections 265, 266, 267, 268, and 270 of the Criminal Code.
An assault conviction carries legal and social consequences well beyond the initial penalties. These can have a lasting impact on your life. How serious the initial penalties are depends on the type of assault and what actually happened in your case.
| ASSAULT TYPE | DESCRIPTION | MAXIMUM PENALTIES |
|---|---|---|
| Simple Assault (s. 266) | Non-consensual force, or threat to use force, applied without a lasting injury. | Indictable: Up to 5 years' imprisonment. Summary: 2 years less a day (and/or a $5,000 fine). |
| Assault Causing Bodily Harm (s. 267) | Involves injuries that affect the victim's health or comfort. | Indictable: Up to 10 years' imprisonment. Summary: 2 years less a day (and/or a $5,000 fine). |
| Assault with a Weapon (s. 267) | Involves carrying, threatening to use, or using an object as a weapon during an assault. | Indictable: Up to 10 years' imprisonment. Summary: 2 years less a day (and/or a $5,000 fine). |
| Aggravated Assault (s. 268) | The most severe form, involves wounding, maiming, disfiguring, or endangering the life of the victim. | Up to 14 years' imprisonment (indictable only) |
| Assaulting a Peace Officer (s. 270) | Involves force applied to a police officer, some transit officers, or other public agents acting in the execution of duty. | Indictable: Up to 5 years' imprisonment. Summary: 2 years less a day (and/or a $5,000 fine). |
Most versions of assault are hybrid crimes. The Crown Prosecutor can treat the offence as either summary or indictable, depending on the facts of the case and your criminal record. See the criminal court process in Toronto for more information.
How can a Strategic Criminal Defence assault lawyer help you?
We can get involved early, often before a charge is formally laid. Pre-charge legal advice can prevent you from saying or doing anything that makes your case worse. We will also:
- Attend all hearings.
- Review the evidence against you.
- Identify the strongest defence for your case.
- Negotiate with the Crown if there is a way to resolve the case without a criminal record.
- Prepare for trial if necessary.
What happens during a typical assault case?
An assault case generally starts when the alleged victim or a witness reports it to the Toronto Police Service. If police arrest you and do not release you, you will be held in custody.
Men usually go to the Toronto South Detention Centre. Women go to the Vanier Centre for Women in Milton. From there, you attend a bail hearing. These happen at the Toronto Regional Bail Centre on Finch Avenue West.
Your Strategic Criminal Defence lawyer can represent you at your bail hearing. We will argue for the most flexible conditions possible while your case passes through the courts, but you will have to report to a bail supervisor and may need to:
- Avoid contact with the alleged victim, even if you live together.
- Avoid certain locations.
- Move out of a shared home in some domestic cases.
- Agree not to possess weapons.
- Refrain from consuming alcohol or drugs.
Other restrictions may apply in more serious cases, which is why it’s essential to seek legal representation early on.
Where will your case be heard?
Most assault cases are heard at the Ontario Court of Justice on Armoury Street. Some charges are more serious, like assault causing bodily harm or aggravated assault. These can go to trial before a judge and jury. That trial would be at the Superior Court of Justice on University Avenue.
If your case involves a partner and a related family court matter, it may qualify for a special court. It is called the Integrated Domestic Violence Court, at 311 Jarvis Street. One judge hears both your criminal and family matters together. This replaces two separate courts.
We will let you know as soon as possible about what applies in your case. Many assault cases do not make it to trial.
How can assault charges be resolved without a criminal record?
If it is your first offence with no serious injury, we may be able to negotiate a resolution that avoids a trial and a criminal record. Several options that don’t result in convictions include:
- A peace bond.
- The Alternative Measures Program.
- A referral to a program like Partner Assault Response (for domestic cases).
Cases involving serious injuries, weapons, or repeat offences are treated more seriously. These are much harder to resolve this way.
What if you’re convicted?
A conviction can mean more than time in custody. It leaves a criminal record that shows up on background checks. Assault is also treated as a serious offence under immigration law, which can affect non-citizens even for a first offence.
What defences can beat an assault charge?
Common defences in assault cases include:
- Self-defence. If you used reasonable force to protect yourself or someone else, this can be a full defence.
- Mistaken identity or unreliable evidence. Many assault cases come down to one person’s word against another, with no independent witnesses or video.
- A Charter breach. Evidence gathered improperly, or a statement taken the wrong way, can lead to a reduced or dismissed charge.
- Consent. In a few situations, like sports or certain physical contact, the other person’s consent can be a defence.
Your lawyer will identify the strongest defence for your case after reviewing the Crown’s disclosure package. This includes all the evidence against you, such as pictures, video footage, witness testimony, and forensic evidence, like blood samples.
Testimonials
While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:
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