By Jatinder Kumar Kataria, Barrister & Solicitor · Last reviewed October 2026 · 6 min read
An assault charge can arise from a single argument. What you do in the first days, especially around your release conditions, can shape the whole case.
Release and bail
After an arrest, you must be brought before a justice without unreasonable delay, generally within 24 hours. Everyone charged has the right not to be denied reasonable bail without just cause. Many people are released with conditions, such as no contact with the complainant or staying away from an address.
Types of assault charges
- Assault (Criminal Code s. 266): the Crown can proceed summarily or by indictment, with a maximum of five years.
- Assault with a weapon or causing bodily harm, including choking or strangling (s. 267): a maximum of 10 years.
- Aggravated assault (s. 268): a maximum of 14 years.
- Domestic assault is not a separate offence, but charges involving a partner are prosecuted with particular attention.
Possible outcomes
Every case depends on its facts and the evidence. Depending on the circumstances, possible outcomes include a withdrawal, a diversion program (available at the Crown's discretion for some charges), a peace bond of up to 12 months instead of a conviction, a trial, or a negotiated plea.
If you are not a Canadian citizen
For a foreign national, a conviction for an offence that can be prosecuted by indictment can lead to inadmissibility, even if the Crown proceeds summarily. For a permanent resident, more serious assault charges, or any sentence of more than six months, can lead to inadmissibility for serious criminality. The choice of resolution matters, so get advice that covers both criminal and immigration law.
What to do now
- Do not contact the complainant, directly or through others, if your conditions forbid it.
- Keep your release papers and note your court date.
- Write down what happened and who saw it, and share it only with your lawyer.
- Do not post about the case on social media.
Sources
- Criminal Code, ss. 266, 267, 268, 503, 810
- Canadian Charter of Rights and Freedoms, s. 11(e)
- Crown Prosecution Manual, D.4: Community Justice Programs
- Immigration and Refugee Protection Act, s. 36
This guide is general information about the law in Ontario and Canada as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Your situation may differ; please get advice before acting.