Aggravated Assault
Aggravated assault is the most serious assault offence in the Criminal Code short of attempted murder. Section 268 defines it as an assault that wounds, maims, disfigures, or endangers the life of the complainant. Conviction carries a maximum sentence of 14 years' imprisonment. The offence is straight indictable — there is no Crown election to proceed summarily.
Mass Tsang's assault lawyers handle aggravated assault matters across the Greater Toronto Area. For more on this and related offences, see our blog post on aggravated assault in Toronto.
What "wounds, maims, disfigures, or endangers life" means
The four pathways to aggravated assault each have their own meaning in case law. Wounding generally requires a break in the continuity of the skin — more than a bruise, but not necessarily catastrophic. Maiming involves the loss of use of a body part. Disfiguring involves significant alteration to appearance, usually permanent or long-lasting. Endangering life is the broadest pathway and most commonly relied on — it captures conduct that creates a real risk of death, even where death does not result.
Mens rea
Aggravated assault is a general-intent offence. The Crown must prove that the accused intended to apply force, that the application of force was non-consensual, and that the natural and probable consequence of the assault was the aggravating injury. The Crown does not need to prove that the accused specifically intended to wound, maim, disfigure, or endanger life — only that those consequences were objectively foreseeable.
Defences
Self-defence under section 34 is the most common defence — and applies fully to aggravated assault. Where the force used was reasonable in the circumstances and motivated by a defensive purpose, the accused is entitled to an acquittal. Other defences include consent (in narrow circumstances), mistaken identity, accident, and challenges to the causation between the assault and the injury.
Sentencing
Sentences for aggravated assault range widely. A first-offender on a single-incident case may receive a conditional sentence or a short federal term, while a repeat offender with a serious injury can face many years. Factors include the degree of harm, weapon use, premeditation, and the accused's record.
Related glossary terms
