Being charged with assault does not automatically mean you will be convicted. Many assault allegations arise from heated arguments, misunderstandings, domestic disputes, or conflicting witness accounts. In some cases, there are viable legal defences or opportunities to resolve the matter without a criminal conviction.
Foote Law represents individuals charged with assault offences throughout Ontario. Whether you are under investigation, have been released by police, or are preparing for trial, we provide strategic advice at every stage of the criminal process.
Under section 265 of the Criminal Code, assault includes intentionally applying force to another person without their consent, attempting to apply force, or threatening to apply force where the other person reasonably believes the threat can be carried out. Physical injury is not required for an assault charge.
Foote Law provides representation for clients facing assault charges throughout Ontario, including:
We accept Legal Aid Ontario certificates and Employee Assistance Program (EAP) referrals.
Foote Law represents clients throughout Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, the Greater Toronto Area, and across Ontario through both in-person and virtual appointments.
Many people believe assault requires someone to suffer an injury. That is not the case.
An assault may occur when someone:
Actual physical injury is not necessary.
However, words alone, without accompanying actions or gestures, generally do not amount to criminal assault.
The Criminal Code creates several assault offences. The seriousness of the charge depends largely on the circumstances and the injuries alleged.
Simple assault generally involves:
Simple assault is a hybrid offence, meaning the Crown may proceed by indictment or by summary conviction depending on the circumstances.
There is no mandatory minimum sentence.
This offence is more serious and applies where:
A weapon is not limited to firearms or knives. Everyday objects such as bottles, belts, tools, or other items may qualify depending on how they were used.
This offence is also hybrid and carries significantly higher maximum penalties than simple assault.
Aggravated assault is among the most serious assault offences under the Criminal Code.
It applies where the accused allegedly:
Unlike the other assault offences, aggravated assault is strictly indictable and carries a maximum sentence of 14 years' imprisonment.
For most assault offences, the Crown decides whether to proceed by indictment or summary conviction.
That decision affects:
Early involvement by defence counsel can provide an opportunity to present relevant background information and legal arguments before important prosecutorial decisions are made.
Following an arrest, police may either release an accused person or require them to attend a bail hearing.
Many assault cases involve immediate release with conditions.
Common release conditions include:
Domestic assault allegations often involve more restrictive release conditions and may require a formal bail hearing before release.
Breaching any release condition is a separate criminal offence that can significantly complicate the underlying assault charge.
Every case is different, but common legal defences may include:
The appropriate defence depends on the evidence, witness statements, surveillance footage, medical records, and other circumstances surrounding the allegation.
There is no single sentence for an assault conviction.
Ontario courts consider numerous factors, including:
More serious assault offences may also result in mandatory weapons prohibition orders and long-term consequences for employment, travel, professional licensing, and immigration status.
The decisions made immediately after an arrest can significantly affect the outcome of an assault case.
Early legal representation may help:
Obtaining legal advice as soon as possible provides the greatest opportunity to protect your rights and future.
An assault charge can have lasting consequences even before the matter reaches trial. A criminal record, restrictive bail conditions, and ongoing court proceedings can affect your employment, family life, and reputation.
Foote Law provides experienced criminal defence representation for clients charged with simple assault, assault causing bodily harm, assault with a weapon, aggravated assault, and domestic assault throughout Ontario.
Contact Foote Law today to schedule a confidential consultation and discuss your legal options.
