Criminal Code Offences
Assault
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Assault is one of the most common criminal charges in Canada. Being charged does not mean you will be convicted. Many assault charges are diverted. If the case reaches trial, the Crown must prove every element of the offence beyond a reasonable doubt. There are often strong grounds to challenge the evidence.
Under section 265 of the Criminal Code, assault occurs when a person intentionally applies force to another person without their consent, attempts or threatens to apply force, or accosts or impedes someone while openly wearing or carrying a weapon. Physical injury is not required. The threat of an assault or the slightest unwanted contact can technically constitute an assault.
Assault is a broad offence that ranges from minor incidents to serious physical violence. Simple assault (section 266) is the least serious form and covers situations where no weapon is used and no bodily harm results. More serious forms, such as assault causing bodily harm (section 267) and aggravated assault (section 268), carry significantly higher penalties.
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To secure a conviction for simple assault, the Crown must prove beyond a reasonable doubt that the accused:
intentionally applied force to another person, or threatened to do so;
did so without the other person's consent; and
knew or was reckless about whether the other person consented.
Each of these elements can be challenged. The Crown's case often rests on witness testimony, which is vulnerable to inconsistency, faulty memory, and motive to fabricate.
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An experienced criminal defence lawyer will examine the facts of your case to identify the strongest available defence. Common defences include:
Self-defence — you were protecting yourself or another person from harm;
Consent — the other party consented to the physical contact (relevant in certain contexts such as sports);
Mistaken identity — the complainant or witnesses have identified the wrong person as the accused;
Lack of intent — the contact was accidental and not intentional; and
Charter violations — your rights were violated during the investigation or arrest, which could result in a stay of proceedings or reduction in sentence.
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Simple assault under section 266 is a hybrid offence, meaning the Crown can elect to proceed summarily or by indictment depending on the circumstances.
On summary conviction: a maximum of two years less a day imprisonment; or
By indictment: a maximum of five years imprisonment.
In practice, sentences for simple assault vary widely based on the accused's criminal history, the nature of the incident, and whether any aggravating factors are present. A conviction can result in a criminal record, probation conditions, a weapons prohibition, and a DNA order.
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When an assault occurs between a current or former intimate partner, Ontario police is required to lay a charge if they believe an assault occurred, even if the complainant does not support the charge. These cases result in automatic no-contact conditions that can disrupt family life and housing arrangements from the moment of arrest.
Domestic assault cases require careful and experienced handling. Early legal intervention can make a significant difference to the outcome. Read more…
FAQs
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Yes. Charges can be withdrawn by the Crown or stayed by the court. This can happen when the evidence is weak, the complainant is uncooperative, or a resolution is reached that does not involve a conviction. An experienced defence lawyer can identify these opportunities early.
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A conviction for assault will result in a criminal record. However, it may be possible to resolve your case with a discharge (absolute or conditional), which allows you to avoid a permanent record.
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Yes. Pleading guilty without legal advice is one of the most common mistakes people make. The consequences of a conviction, including a criminal record, loss of employment, immigration consequences, and travel restrictions, can be severe. A lawyer can often negotiate a better outcome than the one offered at first appearance.
Why Hire Eliany Advocates to Defend Assault Charges in Hamilton?
We combine years of experience in criminal law with a client-centered approach. We appear regularly before the Ontario Court of Justice and Superior Court of Justice in Hamilton, Burlington, and across the region. When you work with us, you benefit from the following advantages:
Proven Track Record in Criminal Defence: Geneviève Eliany has been defending criminal cases since 2013. With years of experience handling high-stakes trials, she knows how to develop a strong defence strategy.
Charter Rights Experience: We vigorously defend your rights under the Canadian Charter of Rights and Freedoms. Whether your case involves an unreasonable search, unlawful detention, racial profiling, excessive force, or other Charter violations, we will craft a strategy to make sure your rights are protected.
Thorough Approach to Case Building: We don’t just rely on the police’s version of events. We will listen to your account and investigate all angles of the case so we can tell your story at trial. This thorough preparation makes it easier to challenge the prosecution’s narrative. It’s extremely important that you tell us about potential witnesses or surveillance, and that you keep in touch with us if there are any developments you think are relevant while you wait for trial.