Assault is one of the most frequently charged offences in Ontario, and domestic assault cases carry unique complications that can have lasting consequences for your family, housing, and employment. If you have been charged, understanding the law — and acting quickly — is critical.

What Constitutes Assault?

Under section 265 of the Criminal Code, a person commits assault when they intentionally apply force to another person without their consent, or when they attempt or threaten to do so. Physical contact is not required — threatening gestures can constitute assault.

The Criminal Code creates several levels of assault, each carrying different penalties:

Domestic Violence: Why It Is Treated Differently

While there is no separate offence called “domestic assault” in the Criminal Code, domestic violence cases are prosecuted differently in important ways:

• Crown discretion: In Ontario, domestic assault charges are not automatically withdrawn just because the complainant changes their mind or no longer wants the case to proceed. If there is other evidence, the Crown may still continue the prosecution even without the complainant's support.
• Mandatory no-contact conditions: Upon arrest, police will typically impose a no-contact order as a condition of release, prohibiting you from contacting the complainant. This applies even if you live together and have children. Violating these conditions is a separate criminal offence.
• Dedicated courts: Ottawa has a dedicated Domestic Violence Court with specialized Crown prosecutors and integrated support services.
• Victim impact: The relationship between the accused and complainant is considered an aggravating factor at sentencing under s. 718.2 of the Criminal Code.

Common Defences to Assault Charges

An experienced criminal defence lawyer will evaluate every aspect of the Crown's case. Common defences include:

• Self-defence (s. 34): You were responding to a threat of force and your response was reasonable in the circumstances. The court considers factors including the nature of the threat, the proportionality of the response, and whether you could have withdrawn.
• Consent: The complainant consented to the application of force. Consent is available for simple assault but not where bodily harm was intended or caused.
• Mistaken belief in consent: You held a genuine, honest (but not necessarily reasonable) belief that the complainant consented.
• Lack of intent: The act was accidental — assault requires intentional application of force.
• Credibility of the complainant: In many assault cases, particularly domestic cases, the evidence comes down to one person's word against another's. Cross-examining the complainant effectively is often the decisive factor at trial.
• Charter violations: If your rights were violated during the investigation or arrest, evidence may be excluded.

What Happens If You Are Convicted?

The consequences of an assault conviction extend well beyond the sentence imposed by the court:

• A permanent criminal record, visible to employers and on background checks;
• Potential prohibition from possessing firearms (s. 109 or 110 of the Criminal Code);
• Difficulties crossing into the United States (assault is a crime of moral turpitude);
• Impact on immigration status for non-citizens; and
• Family court implications, including custody and access proceedings.

This article is for general informational purposes only and does not constitute legal advice. Criminal law is fact-specific — contact a lawyer to discuss your situation.