Assault is one of the most common criminal charges in Ontario — but not all assault charges are the same. Aggravated assault is the most serious type, involving severe injuries or life-threatening harm, and can result in up to 14 years in prison. In this article, we break down the key differences between simple assault, assault with a weapon, and aggravated assault, explain the penalties, and outline possible defences if you’re facing charges.
Assault is one of the most frequently investigated criminal offences in Ontario. According to Statistics Canada crime data, Ontario police investigated more than 70,000 assault cases and arrested almost 37,000 people for assault during the 2020 reporting period.
These numbers do not include sexual assault categories, which add nearly 10,000 more investigations and more than 3,000 arrests to the respective tallies.
When people consult with our Toronto-area law offices about assault charges, they are often confused about the severity of the charges and unsure about the legal jeopardy they might face. This confusion arises primarily from how Canada’s Criminal Code characterizes assault under several different categories, from simple threats to physical harm requiring hospitalization.
Our clients often ask about the difference between:
These four offences are among the most severe assault charges and carry the harshest penalties. However, aggravated assault, aggravated sexual assault, and sexual assault with a weapon or causing bodily harm carry the most legal jeopardy, as they are prosecuted solely as indictable offences.
Section 265 (1) of Canada’s Criminal Code broadly describes assault as an offence in which a person:
“(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;”
“(b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
“(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.”
This definition of what is commonly termed “simple assault” covers those arrested for assault and domestic assault, often resulting from fistfights or domestic disputes that turn physical.
At this basic level, assault can be charged as either a summary conviction offence or a more serious indictable offence. The maximum penalty for simple assault as an indictable offence is five years in prison. The maximum sentence for a summary conviction of simple assault is six months in jail. It should be noted that Ontario courts address most simple assault charges as summary conviction offences.
The basic definition applies to other forms of assault, which include additional conditions. Charges of assault with a weapon or causing bodily harm arise when the person:
The additional provision for aggravated assault charges is that the assailant:
“Wounds, maims, disfigures or endangers the life of the complainant.”
This charge is described under Section 268 of the Criminal Code and reflects the most serious assault offences, carrying the harshest penalties.
“ Aggravated assault is one of the most serious assault charges and reflects a significant degree of harm inflicted on the victim,” — Jeff Mass, Managing Partner at Mass Tsang LLP .
| Aspect | Assault with Bodily Harm or Weapon | Aggravated Assault |
|---|---|---|
| Definition | Causes cuts, bruising, or other minor injuries | Causes serious wounds requiring hospitalization, disfigurement, maiming, or life endangerment |
| Legal Section | Section 267 | Section 268 |
| Maximum Penalty | Up to 10 years (indictable), or 18 months (summary) | Up to 14 years (indictable only) |
| Example | Punch causing bruises or minor fractures | Attack causing permanent injury or risk of death |
The sexual assault equivalents include additional provisions related to:
While the penalties mirror those for assault, aggravated sexual assault carries the most severe penalty: imprisonment for life. Some cases mandate minimum sentences ranging from four to seven years in prison.
Anyone facing assault charges in Ontario should seek an experienced criminal defence lawyer, such as those at Mass Tsang LLP. Aggravated assault charges require particularly skilled trial lawyers due to their severity.
Common defence strategies include:
Self-defence may result in a not guilty verdict if:
The criminal trial lawyers at Mass Tsang LLP carefully examine every element of assault charges in the Toronto area with a dedication to securing the best possible outcome. Their expertise has helped them successfully defend thousands of assault cases.
If you or someone you know has been charged with aggravated assault or any assault in the GTA, contact Mass Tsang LLP today for a free consultation.
The criminal trial lawyers at Mass Tsang carefully examine all elements of each client’s assault charges in the Toronto area, with a dedication to securing the most favorable outcome possible. This dedication has helped Mass Tsang lawyers successfully defend thousands of Toronto-area assault cases. If you or someone you know has been charged with aggravated assault or any other assault in the GTA contact the expert lawyers at Mass Tsang today for a free consultation.
