The Different Types of Assault Charges in Ontario

Assault is one of the most common and among the most serious criminal charges in Ontario, but not every type of assault is created equal and can come with distinctly different consequences. This largely depends not only on the form of assault that is committed but, more importantly, the type of assault charge that you are charged with.

So, while many Canadians think that assault equals assault, the truth is that it is far more complicated, as there is assault, assault causing bodily harm, assault with a weapon, aggravated assault, sexual assault, and more, so in this article, we will have a look at the different types of assault, their definition and potential consequences.

What Is An Assault Charge?

Section 265 of the Criminal Code of Canada defines assault as follows:

265 (1) A person commits an assault when

(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 a 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.

So, as you can see, a threatening act or gesture is already enough to be charged with assault, even if no physical contact or injury has occurred. The amount of force used is irrelevant. However, the Code further specifies different types of assault, with different definitions and consequences.

The Types of Assault Charges

Simple Assault

As the name suggests, simple assault is the most basic and most common form of assault charge in Canada. Typical examples of simple assault are the uttering of threats along with acts or gestures, a slap or push, and without the use of a weapon or causing bodily harm to the alleged victim. In most cases, especially when there are no injuries sustained, the prosecution will proceed summarily, and the case will be tried by a judge alone in the Ontario Court of Justice if it does not get resolved before. While a summary conviction could carry a jail term of up to six months, it is rare the accused will face jail time unless they have a previous conviction related to violence.

If the prosecutor elects to proceed by indictment, the maximum penalty is 5 years in prison, but it is not common for the Crown to elect an indictment for a simple assault charge.

Assault With a Weapon or Causing Bodily Harm

Section 267 of the Criminal Code covers assault with a weapon and assault causing bodily harm. Assault with a weapon occurs if you carry a weapon or threaten to use a weapon or an imitation of a weapon (the assault is not required to lead to physical injury). The term ‘weapon’ can be an obvious weapon such as a firearm, knife or bat, but it could also be a loaf of bread, a fork, or encouraging a dog or other animal to bite or cause bodily harm.

Assault causing bodily harm is when the victim sustains visible injuries, such as a black eye, broken nose, scratches, broken bones, etc. 

In both types of charges, the Crown can elect to proceed by summary conviction, with a maximum jail term of 18 months, or indictment, where the accused can face up to 10 years in prison.

Aggravated Assault

The Criminal Code of Canada defines aggravated assault under section 268, and it involves severe injuries to the victim, such as wounding, maiming, disfiguring or endangering the life of the victim. It is considered the most severe assault charge and is a straight indictable offence. Aggravated assault carries a maximum sentence of 14 years in prison.

Sexual Assault

Section 271 of the Criminal Code covers sexual assault. It is defined as an assault of a sexual nature and covers a broad range from inappropriate touching to rape. The Crown can elect to proceed summarily, with a maximum punishment of 18 months in prison, or, if the victim is under the age of sixteen, to imprisonment for a term of not more than 2 years less a day and a minimum punishment of imprisonment for a term of 6 months. If the Crown proceeds by indictment, this carries a maximum sentence of up to 10 years in prison or, if the victim is under the age of sixteen, up to 14 years in prison and a minimum punishment of imprisonment for a term of 1 year.

Sexual Assault With a Weapon or Causing Bodily Harm

If a restricted or prohibited firearm is used or if any firearm (including legal) is used in combination with the involvement of a criminal organization, whether benefitting, instructing or in association, the minimum sentence is 5 years in prison for a first offence and 7 years in prison for any additional offence, with a maximum of 14 years in person. If a legal firearm is used in the commission of the offence, the minimum punishment is 4 years in prison and the maximum sentence 14 years in prison. 

If the complainant is under 16 years old, the minimum prison sentence is 5 years, with a maximum term of life imprisonment.

Any other case of this type of sexual assault has a term not exceeding 14 years in prison as maximum punishment.

Aggravated Sexual Assault

Aggravated sexual assault is addressed by section 273 of the Criminal Code of Canada and is the most severe type. Punishments for aggravated sexual assault are as follows:

If a restricted or prohibited firearm is used or if any firearm (including legal) is used in combination with the involvement of a criminal organization, whether benefitting, instructing or in association, the minimum sentence is 5 years in prison for a first offence and 7 years in prison for any additional offence, with a maximum of life imprisonment. If a legal firearm is used in the commission of the offence, the minimum punishment is 4 years in prison and the maximum sentence 14 years in prison. 

If the complainant is under 16 years old, the minimum prison sentence is 5 years, with a maximum of life imprisonment.

Any other case of aggravated sexual assault has a maximum term of life imprisonment.

Assaulting a Police Officer

Assaulting a police officer is covered by section 270 of the Criminal Code of Canada. It occurs if there is an intentional application of force towards a police officer, the police officer is assaulted while resisting arrest or while they are conducting a lawful search or seizure.

It is a hybrid offence, meaning the Crown can elect to proceed with a summary conviction, which carries a maximum of a $5,000 fine or 6 months in prison, or as an indictable offence, with a maximum of 5 years in prison.

Fighting an Assault Charge

Just because you have been charged with an offence does not mean you are guilty. The prosecution must prove all elements of your criminal charge beyond a reasonable doubt. In the case of an assault charge, the Crown Attorney must prove beyond a reasonable doubt that the accused acted in an intentional manner when applying force to the complainant, or that the accused threatened or attempted to do so.

This can be very challenging for a Crown Attorney to prove, especially in cases where there are no witnesses to the alleged assault or where the only real evidence the Crown Attorney can rely on is the testimony of the complainant. In such cases, casting doubt on the credibility of a complainant and highlighting inconsistencies in their testimony and the overall case is absolutely critical in securing a favourable outcome. Aside from challenging the Crown Attorney’s evidence, it is also important to pursue any alternative resolution options that may be available, especially when negotiating a plea bargain might be the most strategic option based on the case at hand. Ultimately, the best and most effective strategy to adopt will depend on the facts and specific circumstances of each case as well as what outcome the accused is seeking.

Facing an Assault Charge? Talk to Farjoud Law

Being charged with assault of any kind is a serious charge that carries severe consequences. If you have been charged with either type of assault, please consult with an experienced criminal defence lawyer immediately. 

Farjoud Law has an outstanding track record defending clients charged with criminal offences. We are dedicated to professionalism, client services and passionate advocacy. 

If you or a loved one has been charged with a criminal offence, do not hesitate to call Farjoud Law at 647-606-6776 to speak directly to a criminal defence lawyer who personally answers all calls 24 hours a day, 7 days a week or fill out our convenient online form.