Assault is a charge under the Criminal Code, and the law treats it in steps. Section 266 makes assault a hybrid offence. On indictment, the maximum is five years. Section 267 covers assault with a weapon, assault causing bodily harm, and assault by choking, suffocating or strangling. For these the maximum is up to 10 years on indictment, or the offence can be a summary conviction one. Aggravated assault, in s. 268, covers wounding, maiming, disfiguring or endangering life. It is indictable, with a maximum of 14 years. Unless another penalty is set, s. 787(1) says a summary conviction offence carries a fine of up to $5,000, imprisonment of up to two years less a day, or both.
In Ontario, 576 lawyers are listed here as taking assault charges. Thirty-three cities have their own page for this charge. Toronto has 122 listed lawyers, Mississauga 71, Brampton 60, North York 42 and Ottawa 36. Scarborough and London each have 20, Hamilton has 15, and Etobicoke and Markham each have 12. The city pages list the lawyers in each place.
The national guides linked on this page explain each specific charge. They cover assault, aggravated assault, assault causing bodily harm and assault with a weapon. The names are close, but the charges differ in the section they fall under and the maximum penalty.
A person who is charged has the right to be presumed innocent until proven guilty, and the right not to be denied reasonable bail without just cause. Both come from s. 11 of the Charter. Most assault charges start in the Ontario Court of Justice. The Superior Court of Justice can try any indictable offence but generally tries only the most serious, such as aggravated assault. A listing on this page is not a recommendation, and the page does not rank lawyers. It is general information, not legal advice.
There are 576 lawyers listed in Ontario for assault charges, and 33 cities have their own page for this charge. Toronto has 122 listed, Mississauga 71, Brampton 60, North York 42 and Ottawa 36. Open the page for the city closest to you to see the lawyers listed there.
What is the difference between assault and aggravated assault in the law?
Assault falls under s. 266, a hybrid offence with a maximum of five years on indictment. Aggravated assault falls under s. 268. It covers wounding, maiming, disfiguring or endangering life, is indictable, and has a maximum of 14 years. The linked national guides explain each charge.
What does the Criminal Code set for assault with a weapon or causing bodily harm?
Section 267 sets up to 10 years on indictment for assault with a weapon, assault causing bodily harm, and assault by choking, suffocating or strangling. These offences can also proceed as a summary conviction offence.
Am I presumed innocent if I am charged?
Yes. Section 11 of the Charter gives a person charged the right to be presumed innocent until proven guilty. It also gives the right not to be denied reasonable bail without just cause.
Which court hears assault charges?
Every charge under the Criminal Code starts in the Ontario Court of Justice, and about 95% are completed there. The Superior Court of Justice generally tries only the most serious indictable offences, such as aggravated assault.
General information, not legal advice. A listing is not an endorsement; each lawyer and firm is independent.