Assault Lawyer in Pickering: What to Do After a Charge

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

Being arrested or charged with assault is frightening, whether it happened to you or someone in your family. You are presumed innocent. A charge is an accusation, not a finding of guilt. A few steps now can protect you later.

• Use your right to a lawyer. Under the Canadian Charter of Rights and Freedoms, you have the right to speak with a lawyer, in private and without delay, after an arrest or detention. Ask for one, and use it.
• You have the right to stay silent. You do not have to explain your side to police. Anything you say can be used as evidence. Politely say you want to speak with a lawyer first.
• Follow your release conditions exactly. If you were released, you probably signed an undertaking (a promise to follow conditions) or were given a release order after a bail hearing. Assault cases often include a no-contact condition with the complainant, or a rule to stay away from a home or workplace. Breaking a condition is a separate criminal charge, even if the other person contacts you first.
• Keep all your paperwork. Keep your release documents and any notice telling you when and where to go to court. Write down what happened, the names of witnesses, and keep photos, texts or videos. Share these only with a lawyer.
• Do not miss your first court date. Your paperwork shows the date of your first appearance. Missing it can lead to a warrant for your arrest.

You can request a free, confidential first consultation using the form on this page, and a lawyer from an independent criminal defence lawyer can contact you.

How an assault case moves through the courts in Pickering

In Ontario, police lay criminal charges themselves, without needing a prosecutor's approval first. After the charge, the case goes to a Crown attorney with Ontario's Ministry of the Attorney General, who prosecutes it and decides whether it should continue.

Most assault cases from Pickering are heard in the Ontario Court of Justice, at the local courthouse serving Durham Region. Here is the usual path:

1. First appearance. This is usually short. You or your lawyer confirm who is representing you and receive the next steps. No one decides guilt or innocence that day.
2. Disclosure. The Crown must give the defence its evidence: police notes, witness statements, photos, videos, 911 calls and medical records. Your lawyer reviews this carefully.
3. The Crown's election. Assault (level 1) under sections 265 and 266 of the Criminal Code is a hybrid offence. The Crown chooses to proceed summarily (the less serious route) or by indictment (the more serious route). Most simple assault cases go summarily. If the Crown proceeds by indictment, you may have a choice to have your trial in the Superior Court of Justice.
4. Resolution or trial. There are often meetings between your lawyer and the Crown. Some cases are withdrawn, some end with a peace bond or diversion, some resolve on agreed terms, and some go to trial, where the Crown must prove the charge beyond a reasonable doubt.

Timelines vary. Many cases take several months. The Charter protects your right to be tried within a reasonable time, and serious delays can sometimes lead to a case being stayed.

What an assault lawyer can do for you

Assault in Canadian law means applying force to another person intentionally without their consent, or attempting or threatening to do so in a way the other person reasonably believes you can carry out. That definition leaves room for important defences. A lawyer can:

• Examine self-defence. The law allows reasonable force to defend yourself or another person. Whether your actions were reasonable depends on all the circumstances.
• Look at consent. Some physical contact, such as in sports or play, may involve consent. A lawyer can assess whether consent is a real issue.
• Test the injury evidence. Level 1 assault involves no weapon and no bodily harm. If the Crown alleges injuries, the charge may be more serious, so photos and medical records matter a great deal.
• Review witnesses and video. Statements often conflict. Security, phone or doorbell video may support your account or show gaps in the Crown's case.
• Challenge police conduct. If your rights were breached, for example if you were not given access to a lawyer, some evidence may be excluded.
• Ask to change bail conditions. No-contact or residence conditions can make daily life very hard. A lawyer may be able to ask the Crown or the court to vary them.
• Explore alternatives. Depending on the facts and your history, a withdrawal, peace bond or diversion may be possible.

Assault in Pickering: what the numbers show

The figures below are Statistics Canada police-reported data. They cover the Durham Region police service area (including Oshawa, Whitby and Ajax), which serves Pickering, so they describe the wider region rather than the city alone.

Year	Assault level 1 rate per 100,000	Incidents	Persons charged
2016	230.78	1,538	884
2019	244.45	1,708	885
2021	194.07	1,412	751
2023	242.99	1,865	893
2024	281.97	2,236	1,146
2025	280.34	2,271	1,207

In 2025, police recorded 2,271 level 1 assaults in the area, a rate of 280.34 per 100,000 people, and 1,207 persons were charged. The rate fell to a low of 194.07 in 2021, then rose sharply through 2024 and held steady in 2025. Even so, it remains below Ontario's rate of 398.92 and Canada's rate of 528.07.

Level 2 assaults (with a weapon or causing bodily harm) followed a similar pattern: 759 incidents in 2025, a rate of 93.7 per 100,000, compared with 158.92 in Ontario and 214.19 in Canada. The Crime Severity Index for the Toronto census metropolitan area, which includes Pickering, was 54.99 overall and 71.57 for violent crime in 2025, down 7.47% from the year before. You can explore more in our Pickering crime statistics and Ontario crime news.

Possible penalties and other consequences

For level 1 assault, the maximum is five years in prison if the Crown proceeds by indictment, and up to two years less a day if it proceeds summarily. Most cases end far below the maximum. Depending on the facts and your background, outcomes may include a discharge (no conviction is registered), probation, a fine, or a conditional sentence served in the community.

The consequences can go beyond the sentence:

• Criminal record: a conviction can show up on background checks.
• Travel: it may make entering the United States and other countries harder.
• Immigration: permanent residents and people without status may face serious immigration consequences.
• Work: jobs involving vulnerable people, security clearance or professional licences may be affected.

For more detail, see our guide to assault charges in Ontario and our national guide to assault.

Choosing a lawyer and paying for one

Useful questions to ask any lawyer you speak with:

• How much of your practice is criminal defence?
• Who will actually handle my file and appear in court?
• What do you see as the main issues in my case?
• How will you keep me updated?
• How do your fees work, and what is included?

Fees vary with the complexity of the case and whether it goes to trial. They are discussed at the first meeting. If you have a low income, you may qualify for help from Legal Aid Ontario. Duty counsel, lawyers available at the courthouse, can also give free basic help on your court date, but they usually cannot take on your whole case.

If you are the complainant or victim

If you were assaulted, you can report it to police, and in an emergency call 911. Victim Services Ontario can offer support, information and referrals. If the accused was given a no-contact condition, it applies to them; tell police if it is broken. You can also get your own confidential legal advice through a free consultation for victims.

Free, confidential consultation

Crime Canada is a news and data site, not a law firm, and does not give legal advice. When you fill in the form on this page or request a free consultation, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to discuss your situation. The first consultation is free and confidential. No lawyer-client relationship exists until you and the lawyer both agree to work together.

This page is general information, not legal advice. Every case depends on its own facts. Speak with a lawyer about your situation.

Frequently asked questions

How much does an assault lawyer in Pickering cost?

It depends on the facts of the case, how complex it is, and whether it resolves early or goes to trial. Lawyers set their own fees, so ask about cost and what is included at your first meeting. If your income is low, you may qualify for Legal Aid Ontario, and duty counsel at the courthouse can give free basic help on your court date.

Do I need a lawyer for a first assault charge?

You are not required to have one, but a lawyer is often very helpful even for a first charge. A conviction can mean a criminal record that affects travel, work and immigration. A lawyer can review the disclosure, look at defences like self-defence, and may be able to discuss options such as a withdrawal, peace bond or diversion with the Crown, depending on the facts.

Where will my Pickering assault case be heard?

Most assault cases from Pickering are heard in the Ontario Court of Justice at the local courthouse serving Durham Region. Your release papers show the address and date of your first appearance. If the Crown proceeds by indictment, you may have the option of a trial in the Superior Court of Justice.

Can I contact the complainant if I am charged with assault?

Not if your release conditions say you cannot. No-contact conditions are common in assault cases and apply even if the other person reaches out to you or wants the charge dropped. Breaking them can lead to a new charge and arrest. A lawyer may be able to ask the Crown or court to change the conditions.

Can the complainant drop an assault charge in Ontario?

No. In Ontario, police lay the charge and a Crown attorney with the Ministry of the Attorney General decides whether the case continues. The complainant's wishes may be considered, but the decision belongs to the Crown. Speak with a lawyer rather than asking the complainant to change their account.

Will an assault charge give me a criminal record?

A charge alone is not a conviction. Many cases end in a withdrawal, peace bond or acquittal. If there is a finding of guilt, a discharge may be possible, meaning no conviction is registered, though a record of it may exist for a period. Outcomes depend on the facts, so get advice early.