Assault Lawyer in Ontario: What to Do After a Charge

What to do right now if you were charged with assault in Ontario

Being arrested or charged with assault is frightening, but you have rights, and a few calm steps now can protect you later. You are presumed innocent. The Crown must prove every part of the charge beyond a reasonable doubt.

• Use your right to counsel. Under the Canadian Charter of Rights and Freedoms, you can speak to a lawyer without delay after an arrest or detention. Ask for one, and use it.
• Stay silent about the facts. You have the right to remain silent. Be polite, give your identification if asked, but do not explain your side to police, the other person or anyone online before you get legal advice. What you say can become evidence.
• Follow your release conditions exactly. If you were released on an undertaking or an appearance notice, or after a bail hearing, you may have conditions such as not contacting the complainant (the person who made the complaint) or staying away from certain places. Breaking a condition is a separate criminal charge, even if the other person reaches out to you first.
• Keep every paper. Your release documents show your first court date, your conditions and, if you must attend for fingerprints, when and where.
• Do not miss your first court date. Missing it can lead to a warrant and a new charge.

You can also request a free, confidential first consultation with an independent criminal defence lawyer using the form on this page.

How an assault case moves through the courts in Ontario

In Ontario, police lay charges themselves. They do not need prior approval from a prosecutor. Once you are charged, the case is handled by Crown attorneys of the Ministry of the Attorney General, who decide whether to continue, withdraw or change the charge.

1. First appearance. Most assault cases start in the Ontario Court of Justice. The first appearance is usually short. You or a lawyer (or duty counsel) attend, and nothing is decided about guilt.
2. Disclosure. The Crown must give you its evidence, called disclosure: police notes, statements, photos, videos, 911 recordings and medical records if any. A lawyer reviews it before advising you.
3. The Crown's election. Assault (level 1) under section 266 of the Criminal Code is a hybrid offence. The Crown chooses to proceed by summary conviction (the less serious route) or by indictment. If it proceeds by indictment, you may choose to have your trial in the Ontario Court of Justice or the Superior Court of Justice.
4. Resolution or trial. Many cases are discussed at a Crown pre-trial meeting. Some charges are withdrawn, some resolve by a peace bond (a promise to keep the peace, with no criminal record) or another outcome, and others go to trial.

Timelines vary. Simple cases may take a few months; contested trials often take longer. Under the Charter you have the right to be tried within a reasonable time, and the Supreme Court of Canada has set general ceilings for unreasonable delay.

What an assault lawyer can do for you

Assault, under section 265 of the Criminal Code, means intentionally applying force to someone without their consent, or threatening to do so in certain circumstances. That definition leaves real room for a defence, and an assault lawyer can look at issues such as:

• Self-defence. The law allows a reasonable response to protect yourself or someone else. A lawyer can assess whether the evidence supports it.
• Consent. In sports, horseplay or some fights, consent may be an issue, though there are legal limits.
• Injuries and the right charge. Whether there was bodily harm affects whether a case is level 1 or level 2. A lawyer can check whether medical evidence matches the charge.
• Witnesses and video. Statements may conflict, and security or phone video can confirm or contradict them.
• Your release conditions. A lawyer may ask the Crown or the court to change conditions that keep you from home, work or your children.
• Charter issues. If police breached your rights, for example the right to counsel, some evidence may be excluded.
• Negotiation. A lawyer can speak with the Crown about withdrawal, a peace bond, a discharge or other options where the facts allow.

Assault in Ontario: what the numbers show

The figures below are Statistics Canada police-reported data (table 35-10-0177) and cover all police services in Ontario.

In 2025, Ontario police reported 64,858 level 1 assault incidents, a rate of 398.92 per 100,000 people, and 26,886 persons were charged. The Canadian rate was 528.07, so Ontario's rate was lower than the national rate.

Year	Ontario rate per 100k	Incidents	Persons charged	Canada rate per 100k
2016	327.90	45,501	22,389	441.95
2020	328.99	48,565	21,933	470.57
2023	387.99	60,616	25,330	523.65
2024	396.15	63,958	26,330	525.88
2025	398.92	64,858	26,886	528.07

The level 1 rate dipped in 2020, then rose each year, ending about 22% above 2016. Level 2 assaults (with a weapon or causing bodily harm) rose faster, from 96.16 per 100,000 in 2016 to 158.92 in 2025, with 25,838 incidents last year, compared with 214.19 nationally. Ontario's 2025 Crime Severity Index was 57.17 overall and 74.91 for violent crime, with the overall index down 6.2% from the year before. See more on Ontario crime statistics and Ontario crime news.

Possible penalties and other consequences

For assault (level 1), the maximum is 5 years in prison if the Crown proceeds by indictment, and up to 2 years less a day if it proceeds summarily. Most sentences are far below the maximum, and the court can consider a discharge, a fine, probation or other options depending on the facts and your background.

A conviction can mean a criminal record, which may affect jobs, volunteering, professional licences and travel, including entry to the United States. If you are not a Canadian citizen, a conviction may affect your immigration status, so get advice before any decision. For more detail, read the guide to assault charges in Ontario and the national guide to assault, or the Criminal Code on the federal justice laws website.

Choosing a lawyer and paying for one

Questions worth asking at a first meeting:

• How often do you handle assault cases in Ontario courts?
• What do you see as the strengths and weak points of my case after disclosure?
• Can you help change my release conditions?
• Who will appear for me in court, and how will you keep me updated?
• How do you charge, and what does that cover?

Fees vary with the case and are discussed at the first meeting. If your income is limited, you may qualify for help through Legal Aid Ontario. Duty counsel, lawyers available at the courthouse, can give free help on the day of court, but usually cannot take on your whole case.

If you are the complainant or victim

If someone assaulted you, you can report it to police. Victim Services Ontario can offer support and information about the court process. The accused is often given no-contact conditions; if they are broken, tell police. You can also get your own legal advice through a free, confidential victim consultation.

Free, confidential consultation

Crime Canada is not a law firm and does not give legal advice. When you fill in the form on this page, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to talk about your situation. There is no lawyer-client relationship until you and the lawyer both agree to one. Request your free consultation.

This page is general information, not legal advice. Every case depends on its own facts.

Frequently asked questions

How much does an assault lawyer in Ontario cost?

It depends on the lawyer, the complexity of the case and whether it resolves early or goes to trial. Many lawyers explain their fees at the first meeting, so ask directly what is included. If your income is limited, you may qualify for Legal Aid Ontario, and duty counsel at court can give free help on the day of your appearance.

Do I need a lawyer for a first assault charge in Ontario?

You are not required to have one, but a first charge can still lead to a criminal record. A lawyer can review disclosure, spot defences such as self-defence, ask to change release conditions and talk with the Crown about options like withdrawal or a peace bond where the facts allow. Getting advice early often helps you understand your choices.

Can the complainant drop an assault charge in Ontario?

Not on their own. In Ontario, police lay the charge and Crown attorneys of the Ministry of the Attorney General decide whether to continue. The complainant's wishes may be considered, but the Crown makes the decision. Until a court or the Crown changes your conditions, you must still follow any no-contact order, even if the complainant contacts you.

Will an assault charge give me a criminal record?

A charge alone is not a conviction. Cases may end in withdrawal, a peace bond, an acquittal, a discharge or a conviction. A peace bond does not create a criminal record, and a discharge is not a conviction, though records of it can exist for a period. Outcomes depend on the facts, so get advice about your specific case.

How long does an assault case take in Ontario courts?

Some cases resolve within a few months, while contested trials can take much longer. Timing depends on disclosure, court availability in the Ontario Court of Justice or Superior Court of Justice, and whether the case resolves. You have a Charter right to be tried within a reasonable time, and a lawyer can watch for unreasonable delay.

Can I change my no-contact or stay-away conditions?

Often, yes. Conditions can sometimes be changed with the Crown's agreement or by a court application called a bail variation. A lawyer can explain whether a change is realistic in your case. Until a change is formally made, follow your current conditions exactly, because breaking them is a separate criminal charge.