ASSAULT LAWYER TORONTO

Assault charges in Toronto range from allegations of minor physical contact to serious offences carrying maximum sentences of 14 years in custody. Whatever the charge, an assault conviction results in a criminal record that can affect your employment, your ability to travel, and your immigration status. At Goodman Berman, Barristers, we defend the full range of assault charges in Toronto and across the GTA, and your case is handled directly by an experienced criminal defence lawyer from your first call through to resolution.

Assault charges we defend

Assault (s.265 Criminal Code)

Under the Criminal Code, an assault occurs when a person intentionally applies force to another person without their consent, directly or indirectly. No injury is required. The application of force can be minimal — a push, a grab, or even threatening gestures in certain circumstances can support a charge. The Crown must prove the application of force was intentional and without consent. Where either element is genuinely in dispute, there is a defence.

Penalties:

• Summary conviction: maximum 2 years less a day
• Indictable offence: maximum 5 years imprisonment

Domestic assault 

Domestic assault is not a separate Criminal Code offence — it is an assault charge where the relationship between the accused and the complainant is domestic in nature. This includes married and common-law partners, former partners, parents and children, and other household members. The domestic relationship is treated as an aggravating factor by the Crown and courts at sentencing.

What makes domestic assault charges distinct, and why they require immediate legal attention — is what happens the moment the charge is laid. Police in Ontario operate under a zero-tolerance policy for domestic calls. Once a charge is laid the Crown proceeds regardless of whether the complainant wants to, even if the alleged victim recants or does not want to testify, the Crown can and often does proceed. Automatic no-contact conditions are imposed at the bail stage, which means you may be required to immediately vacate your home and have no communication with your partner or children.

Key issues in domestic assault defence:

• Varying or lifting no-contact and no-go conditions at the earliest opportunity
• Whether the complainant’s statement is reliable — accuracy, language barriers, emotional state at time of statement
• Whether a video or audio statement was taken and whether the Crown intends to rely on it
• Whether the complainant wishes to recant and what effect that has on the Crown’s case
• Whether there is independent corroborating evidence
• Whether the accused was acting in self-defence
• Whether the incident was consensual
• Varying or lifting no-contact and no-go conditions at the earliest opportunity

Assault with a weapon (s.267(a)) 

Assault with a weapon occurs where any object, not only a conventional weapon, is used in the commission of an assault. Courts have interpreted “weapon” broadly to include everyday objects used to threaten or harm. This charge carries significantly higher sentencing exposure than simple assault.

Penalties:

• Maximum 10 years imprisonment on indictment

Assault causing bodily harm (s.267(b)) 

Assault causing bodily harm requires that the harm caused is more than merely trivial or transient in nature — it must be harm that interferes with the complainant’s health or comfort in a meaningful way. The Crown must prove both the assault and the nature of the injury.

Penalties:

• Maximum 10 years imprisonment on indictment

Aggravated assault (s.268) 

Aggravated assault is the most serious assault charge under the Criminal Code. It occurs where the assault wounds, maims, disfigures, or endangers the life of the complainant. These are the most serious injuries — permanent scarring, broken bones, loss of function, or life-threatening harm. The Crown will almost always seek a significant period of custody on conviction.

Penalties:

• Maximum 14 years imprisonment
• No summary conviction option — indictable only

How we defend assault charges in Toronto

Consent

The Crown must prove the application of force was without consent. Where the interaction was consensual, including consensual fights, consent is a genuine defence. Your lawyer will examine all available evidence of consent, including prior communications, witness accounts, and the complainant’s own statements.

Self-defence

Self-defence may be a valid argument if you can show you believed you were in imminent danger. The Criminal Code defence of self-defence requires that you believed force was being used or threatened against you, that your purpose was to protect yourself, and that your response was reasonable in the circumstances. Your lawyer will examine whether those elements are present on the specific facts of your case.

Reliability and credibility of the complainant

In many assault cases — particularly domestic assault — the Crown’s case rests entirely on the complainant’s statement. Your lawyer will rigorously examine that statement for inconsistencies, whether it was made under emotional distress, whether language barriers affected accuracy, and whether the complainant was impaired at the time.

False allegations

In some cases an estranged partner has leveled false accusations to attempt to gain the upper hand in divorce or child custody disputes. Where a false allegation is the defence, your lawyer will identify the motive, examine the timeline of events, and build a case around the absence of independent corroborating evidence.

Charter challenges

If evidence was obtained in breach of your Charter rights, an unlawful arrest, failure to advise of right to counsel, or an unlawful search, your lawyer will bring a Charter application to exclude that evidence.

Cases we have defended

Consequences of an assault conviction

A conviction for any assault offence results in a criminal record. Beyond the sentence itself:

• Employment — a criminal record for assault will appear on background checks and can result in termination or loss of professional licensing in regulated industries
• Travel — a conviction can make you inadmissible to the United States. Even a conditional discharge — which does not result in a criminal conviction — can complicate US border crossings
• Immigration — for non-citizens, an assault conviction can trigger deportation proceedings or affect applications for permanent residence or citizenship. Domestic assault convictions are treated particularly seriously in immigration proceedings
• Firearms — a conviction for assault with a weapon or aggravated assault results in an automatic prohibition on possessing firearms
• Family law — an assault conviction, particularly for domestic assault, will be considered in custody and access proceedings

What to do if you have been charged with assault

• Do not contact the complainant — if bail conditions prohibit contact, any communication is a separate criminal offence
• Do not discuss your case with anyone except your lawyer — including on social media
• Preserve all evidence — text messages, emails, photos, and the names of any witnesses
• Comply strictly with all bail conditions
• Contact a criminal defence lawyer immediately — the early stages of your case are critical

Frequently Asked Questions