24/7 FREE

CONSULTATION

Assault Lawyers in Toronto

Get your life back and end this nightmare.

Featured In:

If you have been charged with assault in Ontario, you need to understand 3 things before your first court appearance.

First: assault charges in Canada range from a summary conviction carrying no jail time to an aggravated assault charge carrying up to 14 years in a federal penitentiary. The specific charge determines the process, the Crown’s approach, and your exposure. These are not equivalent offences.

Second: the outcome of your case depends heavily on decisions made in the first days and weeks after the charge — before the Crown has locked in its position, before witnesses have been formally interviewed a second time, and before bail conditions have calcified into a long-term reality.

Third: Mass Tsang LLP has defended over 600 assault cases across Toronto and the GTA. We appear regularly at Old City Hall, College Park, the Superior Court of Justice at 361 University, and courts in Brampton, Newmarket, Oshawa, and Scarborough. If you were charged today, call us now. The consultation is free and confidential.

“I’ve spent my career defending people who found themselves on the wrong side of an assault charge — often in circumstances that were far more complicated than the police report suggested. What I know from representing hundreds of these clients is that the Crown’s first version of events is rarely the complete picture. My job, from the moment you call us, is to find the gaps in that picture and use them to protect you.”

Brian Brody is a criminal defence lawyer and partner at Mass Tsang LLP. He has defended assault cases at every level of court in Ontario, from first-appearance negotiations at Old City Hall to contested trials before Superior Court justices. Brian has successfully argued self-defence claims, Charter applications challenging the lawfulness of arrests and searches, and credibility-based defences at trial. He represents clients facing simple assault, assault with a weapon, assault causing bodily harm, and aggravated assault charges across Toronto and the GTA.

Members of

Proven track record of successful outcomes in assault defence cases

We take on even the toughest cases

Over 30 years of criminal law experience

Flexible financing to help you pay your fees

24/7 case support to provide help when you need it the most

1,000+ of assault related cases handled

Members of:

TYPES OF ASSAULT CHARGES IN ONTARIO

The definition of assault in Canada is found in section 265 of the Criminal Code. An assault occurs when a person intentionally applies force to another person without their consent — directly or indirectly. Assault also includes attempts or threats to apply force, where the person believes the other has the ability to carry out the threat. Injury is not required. The force does not need to be significant. A push, grab, or even a deliberate shove can ground a criminal assault charge.

From that common definition, the Criminal Code creates four distinct assault offences based on the severity of what occurred:

Simple Assault (s. 266 Criminal Code)

Simple assault is the baseline offence. It covers any application of force — however minor — without consent. A slap, a push, a grab, or any deliberate unwanted physical contact qualifies. The Crown may elect to proceed either summarily (less serious) or by indictment (more serious), depending on the circumstances.

Sentencing exposure: Summary conviction: maximum 2 years less a day. Indictable: maximum 5 years. First-time offenders with no criminal record often avoid jail on a simple assault charge if properly represented, but a criminal record — even without custody — has permanent consequences.

Assault with a Weapon (s. 267(a) Criminal Code)

Assault with a weapon is charged when the offence involves the use or threatening use of a weapon, or imitation thereof. The definition of “weapon” under the Criminal Code is broad: any object used for the purpose of threatening or intimidating a person, or causing death or injury, qualifies. A bottle, a belt, a car — context determines classification. This is a more serious offence and is almost always prosecuted by indictment.

Sentencing exposure: Maximum 10 years on indictment. Summary proceedings maximum 18 months. Weapons-related assault charges carry a heightened risk of custody, particularly where there is injury or where the weapon had lethal potential.

Assault Causing Bodily Harm (s. 267(b) Criminal Code)

This charge applies when the assault results in an injury that “interferes with the health or comfort” of the complainant and is more than merely transient or trifling. Courts have interpreted this broadly: bruising, minor lacerations, and injuries not requiring medical treatment have been found to constitute bodily harm. The line between simple assault and assault causing bodily harm is not always obvious at the scene, and charges are sometimes upgraded after medical evidence is reviewed.

Sentencing exposure: Same as assault with a weapon — maximum 10 years indictable, 18 months summary. Whether and how much jail time is imposed depends on the severity of the injury, the circumstances, the client’s background, and the skill of the defence.

Aggravated Assault (s. 268 Criminal Code)

Aggravated assault is the most serious assault charge in the Criminal Code short of homicide. It requires that the assault wounded, maimed, disfigured, or endangered the life of the complainant. Serious injuries — fractures, stab wounds, injuries requiring surgery, permanent scarring, or injuries creating a risk of death — typically ground this charge. Aggravated assault is a straight indictable offence: there is no summary option.

Sentencing exposure: Maximum 14 years. Significant jail time is a real possibility on conviction, even for first offenders. The stakes at trial are high, and the quality of your legal representation at every stage of the proceeding matters.

Assaulting a Peace Officer (s. 270 Criminal Code)

Where the person assaulted is a police officer, security guard, or other peace officer acting in the lawful execution of their duties, the charge may be laid under s. 270. Critically, this charge requires that the officer was acting lawfully at the time. Where the arrest or detention was itself unlawful, the s. 270 charge can be challenged on the basis that the officer was not in the lawful execution of their duty — a significant and frequently successful defence.

Sentencing exposure: Maximum 5 years on indictment.

ASSAULT PENALTIES AT A GLANCE

Offence	Criminal Code	Max — Indictable	Max — Summary
Simple Assault	s. 266	5 years	2 years less a day
Assault with a Weapon	s. 267	10 years	18 months
Assault Causing Bodily Harm	s. 267	10 years	18 months
Aggravated Assault	s. 268	14 years	Indictable only
Assaulting a Peace Officer	s. 270	5 years	2 years less a day
Choking / Overcoming Resistance	s. 246	14 years	Indictable only

Note on choking (s. 246 Criminal Code): Overcoming or attempting to overcome resistance by choking, suffocating, or strangling carries a maximum sentence of life imprisonment and is treated as a separate and serious offence in domestic violence prosecutions. It is almost always prosecuted by indictment.

1,200 +

won cases

91 %

success rate

20+ years

of experience

4.7 _{out of} 5

stars customer rating

Free

case evaluation

100%

anonymous & secure process

Total amount of hours per client

dozens of hours required for research, preparation and legal defence.

12-24 months

Case resolution time (from charge to trial)

WHAT HAPPENS AFTER YOU ARE CHARGED

Being charged with assault in Ontario sets off a legal process that moves quickly. Understanding what happens in the first 24–48 hours is critical.

Bail and Release Conditions

After an assault arrest, police may release you with an undertaking and conditions, or hold you for a bail hearing before a Justice of the Peace. If held, the bail hearing typically occurs within 24 hours. At a bail hearing, the Justice of the Peace decides whether you will be released pending trial and, if so, on what conditions.

Common bail conditions in assault cases include: a no-contact order with the complainant, a requirement to reside at a specific address, a curfew, a prohibition on alcohol or drugs, and a requirement to surrender your passport. In domestic assault cases, a no-contact order is virtually automatic — meaning you may be ordered not to communicate with your spouse or partner and in many cases required to leave the family home immediately.

These conditions can be varied. If the conditions are overly restrictive or the no-contact order is creating hardship, Mass Tsang can bring a bail variation application to modify them.

Your First Court Appearance

Your first appearance in court is not a trial. It is an administrative step where the charge is read, the Crown confirms its election (summary or indictable), and disclosure is ordered. Disclosure — all the evidence the Crown intends to rely on, including police notes, witness statements, and any recordings — must be provided to your defence lawyer before the case proceeds further.

The first appearance is often used by defence counsel to begin negotiations with the Crown, to identify weaknesses in the case early, and to determine whether a resolution short of trial is in your interests.

Do Not Speak to Police

You have the right to retain and instruct counsel without delay under s. 10(b) of the Canadian Charter of Rights and Freedoms. Exercise it immediately. Do not provide a statement to police — not even to “clarify” your version of events. Statements made to police before consulting a lawyer have derailed countless defences. Call us first.

COMMON DEFENCES TO ASSAULT CHARGES

Every assault case is different. The right defence depends entirely on the facts. These are the most commonly available defences in Ontario assault cases:

Self-Defence (s. 34 Criminal Code)

Self-defence is available where a person believes on reasonable grounds that force is being used against them or another person, and the force they use in response is reasonable in the circumstances. The law does not require that the threat be imminent in every case, and you are not required to retreat before defending yourself. However, the force used in response must be proportionate. Courts consider: the nature of the threat, the size and strength of the parties, whether a weapon was present, and what options were available.

Consent is a complete defence to assault. Where the complainant consented to the physical contact, no assault occurred. Consent can be express or implied — it can arise from the nature of the relationship, the context, or the activity. Contact sports, consensual fights, and certain physical relationships all involve implied consent to varying degrees. The Crown must prove beyond a reasonable doubt that the force was applied without consent.

Lack of Intent / Accident

An assault requires intentional application of force. If the contact was accidental — the result of a stumble, a reflex, or an involuntary action — no assault has occurred. Where the Crown cannot establish that the application of force was deliberate, the charge should not succeed.

Alibi

Where the accused was not present at the location of the alleged assault, alibi evidence — witnesses, surveillance footage, cell phone records, financial transaction data — can establish that the Crown’s identification of the accused is mistaken. Alibi evidence should be disclosed to the Crown promptly and in advance of trial to be given full weight.

Charter Violations

If the police violated your rights under the Canadian Charter of Rights and Freedoms — an unlawful arrest, an unlawful search, a failure to inform you of your right to counsel — evidence obtained as a result of that violation may be excluded. Where the excluded evidence is necessary to the Crown’s case, the charges may be dismissed entirely.

Credibility and Reliability of the Complainant

Many assault cases turn on whether the trial judge believes the complainant beyond a reasonable doubt. Prior inconsistent statements — between the 911 call, the initial police report, and trial testimony — are powerful tools for undermining the Crown’s case. The defence is not required to prove anything. Where the complainant’s account is internally inconsistent, unsupported by physical evidence, or motivated by bias, an acquittal may follow from vigorous cross-examination alone.

CONSEQUENCES OF AN ASSAULT CONVICTION

Criminal Record

An assault conviction results in a criminal record. This appears on background checks, vulnerable sector screenings, and police information checks. Certain professions — healthcare, education, law enforcement, finance, social work — may be unavailable or at risk if you have an assault record. A discharge (absolute or conditional) may be available for first-time offenders in appropriate cases and avoids a criminal record while still resolving the matter.

Travel to the United States

A criminal conviction for assault — even a conditional discharge — may result in denial of entry to the United States under US immigration law. The RCMP shares arrest and conviction data with US Customs and Border Protection. Even charges that were withdrawn or stayed may appear in CBSA/US CBP records and trigger questions at the border. If travel to the US is important to you professionally or personally, this is something to discuss with your lawyer before entering any plea.

Immigration Status

For permanent residents, temporary workers, international students, or individuals awaiting citizenship, an assault conviction under the Criminal Code can trigger inadmissibility proceedings under s. 36 of the Immigration and Refugee Protection Act. A conviction for an offence with a maximum sentence of 10 years or more — which includes assault with a weapon and assault causing bodily harm — can constitute “serious criminality” and lead to a removal order. The immigration consequences of an assault charge should be considered in every strategic decision made in the defence of your case.

Facing Assault Charges? MassTsang’s Team is here to help! Check out our latest assault cases:

R. v. C.O. (ONTARIO COURT OF JUSTICE, TORONTO — 10 ARMOURY STREET)

Allegations: Assault Causing Bodily Harm

Defence: Retained a medical expert who testified that the nature and pattern of the complainant’s injuries were inconsistent with the mechanism of assault described in the Crown’s theory of the case. Cross-examined the investigating officer on the absence of corroborating physical evidence at the scene.

Result: Acquittal. Trial judge found that the Crown had not proven the charge beyond a reasonable doubt.

R. v. F.M. (OLD CITY HALL, TORONTO)

Allegations: Assault with a Weapon

Defence: Advanced a defence of self-defence under s. 34 of the Criminal Code. Adduced evidence that the client had a reasonable basis for believing they were about to be subject to imminent harm and that the force used in response was proportionate to the perceived threat.

Result: Acquittal. Trial judge accepted the self-defence claim and found it had not been rebutted by the Crown.

R. v. B.T. (SUPERIOR COURT OF JUSTICE, 361 UNIVERSITY AVENUE, TORONTO)

Allegations: Aggravated Assault (Wounding)

Defence: Retained a medical expert to provide evidence that the complainant’s injuries, while serious, were not consistent with the Crown’s theory of how they were inflicted. Conducted an extensive cross-examination of the complainant on prior inconsistent statements made to police and a third party, undermining the reliability of the account presented at trial.

Result: Conviction for the lesser included offence of Assault Causing Bodily Harm. Conditional sentence of imprisonment imposed. No custody.

R. v. R.K. (ONTARIO COURT OF JUSTICE, TORONTO — 10 ARMOURY STREET)

Allegations: Assault, Assault Causing Bodily Harm

Defence: Negotiated with the Crown presenting extensive evidence of the client’s prior clean record, steady employment, and community ties. Argued that the altercation was a mutual confrontation and that the Crown’s evidence on the causation of the complainant’s injuries was equivocal.

Result: Assault Causing Bodily Harm withdrawn. Client entered a plea to simple Assault. Absolute discharge granted — no criminal record.

R. v. A.N. (COLLEGE PARK COURTS, TORONTO)

Allegations: Assaulting a Peace Officer, Obstruct Police

Defence: Brought a Charter application under s. 9 of the Charter arguing that the police had detained the client without lawful grounds prior to the alleged assault, and therefore were not acting in the lawful execution of their duty at the time the offence was alleged to have occurred. A peace officer not in the lawful execution of their duty cannot be the subject of the s. 270 assault offence.

Result: Assaulting a Peace Officer charge withdrawn by Crown following the Charter application. Client pleaded to Obstruct Police. Discharged on a period of probation.

R. v. E.J. (ONTARIO COURT OF JUSTICE, NEWMARKET — 50 EAGLE ST W)

Allegations: Assault Causing Bodily Harm

Defence: Produced alibi evidence placing the client at a confirmed location at the time of the alleged offence. Secured surveillance footage from a nearby business and two corroborating witness statements substantiating the alibi. Provided the Crown with a comprehensive brief of the alibi evidence well in advance of trial.

Result: Crown withdrew all charges following its review of the alibi evidence.

FREQUENTLY ASKED QUESTIONS

Yes. Under s. 265 of the Criminal Code, an assault does not require injury. Any intentional application of force without consent — including a push, grab, or shove that leaves no mark — can ground a criminal charge. Courts have convicted on assault charges where the physical contact was minor and caused no pain, as long as it was intentional and non-consensual.

Not necessarily. For simple assault, first-time offenders with no criminal record often avoid custody through a conditional discharge, a suspended sentence, or a period of probation, depending on the circumstances and the strength of the defence. For more serious charges — assault causing bodily harm, assault with a weapon, or aggravated assault — custody becomes a more significant possibility, particularly where injury was serious. The outcome is heavily influenced by the quality of your legal representation.

In Ontario, the decision to proceed with an assault charge rests with the Crown Attorney, not the complainant. The Crown operates under a zero-tolerance framework for many assault types — particularly domestic assault — and will often continue a prosecution even where the complainant has recanted or does not want the matter to proceed. That said, the complainant’s position and willingness to cooperate with the Crown is relevant to the strength of the Crown’s case and can be a significant factor in negotiations.

Yes. Self-defence under s. 34 of the Criminal Code is a complete defence if established. The accused must have believed on reasonable grounds that force was being used or threatened against them, and the force used in response must have been reasonable in the circumstances. Courts consider: the nature and severity of the threat, the size and strength of the parties, whether weapons were involved, and whether alternatives to force were available. The defence does not require that you attempted to retreat first.

Timelines vary widely depending on whether the case goes to trial. A matter resolved by plea or Crown withdrawal may conclude in 3–6 months. A contested trial in the Ontario Court of Justice typically takes 12–18 months from charge to verdict; in the Superior Court of Justice, 18–24 months or longer. The Jordan framework (s. 11(b) of the Charter) sets presumptive ceilings of 18 months (Ontario Court of Justice) and 30 months (Superior Court) beyond which charges may be stayed for unreasonable delay.

Yes. Permanent residents, temporary workers, international students, and citizenship applicants may face inadmissibility proceedings under the Immigration and Refugee Protection Act if convicted of an assault offence with a maximum sentence of 10 years or more — a category that includes assault with a weapon and assault causing bodily harm. A finding of inadmissibility can result in a removal order. The immigration consequences of your charge should be discussed with your criminal defence lawyer before any plea is entered.

Simple assault under s. 266 covers any non-consensual application of force. Assault causing bodily harm under s. 267 applies when the assault results in an injury that interferes with the complainant’s health or comfort and is more than transient or trifling. In practice, the difference is the medical evidence: a bruise that heals within days may be bodily harm; a bruise that fades overnight usually is not. The distinction matters because assault causing bodily harm carries a maximum of 10 years on indictment, compared to 5 years for simple assault.

You will almost certainly be released on conditions, which may include a no-contact order with the complainant, a requirement to reside at a specific address, a curfew, and prohibitions on alcohol or drug use. In domestic assault cases, the no-contact order is standard and is imposed even when neither party wants it. If your conditions are overly restrictive or impractical, your lawyer can bring a bail variation application before the court to modify them.

A peace bond is a court order under s. 810 of the Criminal Code that requires a person to keep the peace and be of good behaviour for a specified period, typically 12 months. Entering into a peace bond is not a criminal conviction and does not result in a criminal record. In some assault cases — particularly where the incident was minor, the parties know each other, and the client has no prior record — the Crown may agree to withdraw the assault charge in exchange for a peace bond. Whether this is the right outcome depends on the specific facts of your case and your individual priorities.

Yes, potentially significantly. US Customs and Border Protection has access to Canadian criminal records through information-sharing arrangements with the RCMP. An assault conviction — even for a minor offence — can result in denial of entry to the US, as it may constitute a crime involving moral turpitude or a crime of violence under US immigration law. Even an absolute discharge may appear in US border databases. If US travel is important to you, discuss this with your lawyer before making any decision about a plea.

Call a lawyer before you do anything else. Do not give a statement to police — even to explain your side. Do not contact the complainant, even through a third party. Do not post about the incident on social media. Preserve any evidence that may support your account: text messages, emails, surveillance footage, photographs of your own injuries, or names of witnesses who were present. The decisions made in the first 48 hours after a charge can have a significant impact on the outcome of your case.

Assault causing bodily harm (s. 267) covers injuries that interfere with health or comfort and are more than trifling. Aggravated assault (s. 268) applies where the assault wounded, maimed, disfigured, or endangered the life of the complainant — serious injuries such as fractures, stab wounds, injuries requiring surgery, permanent scarring, or injuries creating a risk of death. Aggravated assault is a straight indictable offence with a maximum sentence of 14 years. It is prosecuted far more aggressively, and the sentencing range — even for first offenders — is considerably higher.

YOUR ASSAULT DEFENCE LAWYERS

Brian Brody

Criminal Defence Lawyer

Partner

Brian Brody is a partner at Mass Tsang LLP and one of the firm’s lead defence counsel for assault matters. He has defended clients facing charges ranging from simple assault to aggravated assault across Toronto courthouses and throughout the GTA. Brian is a member of the Criminal Lawyers’ Association and the Law Society of Ontario, and has appeared before the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal for Ontario.

Heather Spence

Criminal Defence Lawyer

Partner

Heather Spence is a partner at Mass Tsang LLP and a graduate of Osgoode Hall Law School. She defends clients charged with assault, domestic assault, and related offences across Ontario. Heather brings a strategic and detail-oriented approach to every file, with a focus on disclosure review, Charter applications, and trial preparation.

Jeff Mass

Criminal Defence Lawyer

Managing Partner

Jeff Mass is the founding and managing partner of Mass Tsang LLP. With over 30 years of criminal defence experience, Jeff has defended assault and violent offence cases at every level of court in Ontario. He has argued before the Ontario Court of Justice, the Superior Court of Justice, and the Court of Appeal. Jeff’s experience with complex assault cases — including those involving multiple accused, serious injuries, and contested identification evidence — is a significant asset in the firm’s most difficult files.

Alexei Zaitsev

Criminal Defence Lawyer

Senior Associate

Alexei Zaitsev earned his law degree at the University of Windsor, with a heavy focus on criminal law. In his position with Mass Tsang LLP, Alexei practices exclusively in the area of criminal and quasi-criminal defence, as well as defending dog owners charged with offences under