Yes. In Ontario, an assault charge can be laid months, or even years, after the incident police are investigating. The "deadline" some people have heard about is real, but it's a 12-month limit that only applies when the Crown proceeds by summary conviction, and it doesn't stop the Crown from proceeding by indictment instead. This guide explains why assault charges can surface long after the fact, what the 12-month rule actually does, and what to do if you're contacted about an old incident.
The idea of a filing deadline for criminal charges isn't invented out of nowhere. Section 786(2) of the Criminal Code says summary conviction proceedings can't be started more than 12 months after the subject matter arose, unless the prosecutor and the defendant agree. Before 2019 that limit was six months, which is why older articles and word of mouth still mention "six months." Either way, the rule only covers the summary conviction route, and most assault charges don't have to go that way.
Common assault under section 266 , and assault with a weapon or causing bodily harm under section 267 , are hybrid offences : the Crown can prosecute them either summarily or by indictment. Under section 34(1)(a) of the Interpretation Act , a hybrid offence is treated as indictable unless the Crown elects to proceed summarily, and indictable offences have no limitation period. So if a charge is laid more than 12 months after the incident, the practical effect of section 786(2) is on the Crown's choice: it generally can't proceed summarily without the accused's agreement, but it can still proceed by indictment. Aggravated assault under section 268 is indictable only, so the 12-month rule never applies to it.
In practice, a delay between an incident and a charge is common and doesn't signal anything unusual about the case. Police may need time to gather evidence, interview witnesses, review video, or wait for a complainant to decide whether to report. In domestic-related allegations, a delay can also reflect a complainant coming forward well after the fact, which police are entitled to investigate regardless of how much time has passed. Sexual assault investigations follow the same principle; we cover their timelines in how long a sexual assault investigation takes in Canada .
Not in the sense most people mean. If more than 12 months have passed before the charge is laid, the Crown loses the summary route unless you agree to it, but it can still proceed by indictment. That shift can matter, because an indictable prosecution carries higher maximum penalties and different procedure, so a late charge isn't automatically better news. Whether and how this affects a specific file depends on the dates in the record and the Crown's election, which a lawyer needs to check.
If police reach out about something that happened months ago, whether by phone, in person, or by asking you to come in for a "voluntary" interview, anything you say can be used regardless of how much time has passed. Politely declining to answer questions and asking to speak with an assault lawyer in Toronto first is a reasonable response at any stage, whether or not a charge has been laid yet.
Assault charges in Ontario can be laid long after the incident. The 12-month rule in the Criminal Code is real, but it only limits the summary conviction route, and because most assault charges are hybrid, the Crown can still proceed by indictment. Aggravated assault has no deadline at all.
If you're facing an assault charge that surfaced months after the alleged incident, or if you've been contacted by police about something from the past, the timing itself usually isn't a defence, but how the case has been handled might raise other issues worth reviewing. Contact us for a free, confidential review of an assault charge in Ontario.
Not a hard one. Summary conviction proceedings must start within 12 months unless the prosecutor and the accused agree, but assault is usually a hybrid offence, so the Crown can still proceed by indictment after that.
Section 786(2) of the Criminal Code bars summary conviction proceedings started more than 12 months after the incident, unless the prosecutor and the defendant agree. It doesn't apply to indictable proceedings.
It used to be. Section 786(2) was amended in 2019 to extend the summary conviction limit from six months to 12 months.
Yes. After 12 months the Crown generally can't proceed summarily without your agreement, but it can still proceed by indictment.
Delays are common and can reflect the time police need to gather evidence, interview witnesses, or a complainant deciding to report after the fact.
Speaking with a lawyer first, before answering questions, is a reasonable step regardless of how much time has passed since the alleged incident.
No. Aggravated assault is an indictable offence only. Assault causing bodily harm and assault with a weapon are hybrid, so the Crown can still proceed by indictment after 12 months.
Delay before a charge generally isn't a defence on its own. Delay after a charge is laid is a different question, under the Charter right to be tried within a reasonable time. A lawyer needs to review the full timeline to assess this.
Legal Content Disclaimer:
Legally Reviewed by
Jeff Mass
| Updated: September 28, 2026
