Assault
Section 265 of the Criminal Code defines assault broadly as the intentional application of force, directly or indirectly, to another person without that person's consent. The definition also captures attempts or threats to apply force where the accused has, or causes the complainant to believe on reasonable grounds they have, present ability to carry out the threat. The basic offence is hybrid — the Crown elects whether to proceed summarily or by indictment.
Mass Tsang's assault lawyers handle simple assault, assault with a weapon, assault causing bodily harm, and aggravated assault across the GTA. For more, see our blog post on assault charges in Toronto.
Three forms of assault
Section 265 captures three forms: (a) the actual application of force without consent — even slight contact counts; (b) an attempt or threat to apply force with apparent present ability; and (c) accosting or impeding another person while openly wearing or carrying a weapon. The act, in any of the three forms, is the actus reus.
Mens rea — intentional application
Assault is a general-intent offence. The Crown must prove the accused intended to apply force, that the application was non-consensual, and that the accused knew (or was reckless about) the absence of consent. Accidental contact is not assault. Self-induced intoxication generally does not negate general intent.
Penalties
On summary conviction, the maximum is two years less a day in jail. On indictment, the maximum is five years. Sentences range widely — from absolute discharge for a first-time, low-end matter to significant jail terms for repeat or aggravated conduct. Sentences are influenced heavily by injury, weapon involvement, and the relationship between the parties.
Domestic and other contexts
Most charged assaults arise in one of a few recurring contexts: domestic incidents, bar fights, school or workplace disputes, and incidents arising from arrests or interactions with public officials. Domestic assaults attract particular Crown policy attention and zero-tolerance prosecution practices in Ontario.
Defences
Common defences include self-defence under section 34, defence of another, consent (where legally available), accident, and identification challenges. Each is evidence-driven and case-specific.
Related glossary terms
