Assault Lawyer in Quebec: What to Do After a Charge

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

Being arrested or charged with assault is frightening, especially if a family member is involved. Take a breath. You are presumed innocent, and 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 with a lawyer without delay after arrest. Ask for one before answering questions.
• Use your right to stay silent. You do not have to explain your side to police. What you say can be used as evidence, even if you think it helps you.
• Follow your release conditions exactly. If you were released on an undertaking or a release order, it may say not to contact the complainant (the person who made the complaint), not to go to certain places, or not to have weapons. Breaking a condition is a separate criminal charge, even if the other person contacts you first.
• Keep your paperwork. Keep every document police gave you in a safe place. It shows your charge, your conditions and your first court date.
• Note your first court date. Missing it can lead to a warrant for your arrest.

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

How an assault case moves through the courts in Quebec

Quebec does things a little differently from most provinces. Here, a prosecutor from the Directeur des poursuites criminelles et pénales (DPCP) reviews the police file and decides whether to authorize a charge. Police investigate, but a DPCP prosecutor must approve the charge before the case goes ahead. Sometimes this review happens after you are released, so you may wait some time before learning whether you are formally charged.

First appearance

Most assault cases begin in the Court of Québec, criminal and penal division. At the first appearance, the charge is read and the case is usually adjourned so you can get a lawyer and receive the evidence. You can ask for your trial to take place in French or in English.

Disclosure

Disclosure is the Crown's evidence: police notes, witness statements, photos, video and any medical records. Your lawyer reviews it before giving you advice on next steps.

The Crown's election

Assault under sections 265 and 266 of the Criminal Code is a hybrid offence. The DPCP prosecutor chooses (elects) whether to proceed summarily (the less serious route) or by indictment. Most simple assault cases stay in the Court of Québec. Some serious indictable cases can go to the Superior Court, for example if a jury trial is chosen.

Resolution or trial

A case may end with charges withdrawn, a peace bond (a promise to keep the peace and follow conditions, without a criminal conviction), a negotiated resolution, or a trial. Simple cases may take a few months; contested cases often take longer. The Supreme Court of Canada's Jordan decision sets presumptive ceilings on delay: 18 months in provincial court and 30 months in superior court.

What an assault lawyer can do for you

Assault covers a wide range of situations, from a push during an argument to a fight outside a bar. A lawyer can look closely at the facts that matter most in these cases:

• Self-defence. The Criminal Code allows reasonable force to defend yourself or someone else. A lawyer can assess whether your actions may fit this defence.
• Consent. In some situations, such as a mutual fight or sports, consent can be an issue. The law on consent has limits, and a lawyer can explain how it applies.
• Injuries. Whether there was bodily harm can affect whether the charge is assault (level 1) or the more serious assault causing bodily harm (level 2). Medical evidence matters.
• Witnesses and video. Statements may conflict. Security or phone video can support or contradict a version of events.
• Your Charter rights. If police did not respect your right to counsel or searched you unlawfully, some evidence may be challenged.
• Release conditions. A lawyer can ask the Crown or the court to change conditions that keep you from your home, your children or your work.
• Talking with the Crown. A lawyer can discuss options with the DPCP prosecutor, such as a withdrawal, a peace bond or a diversion-type resolution, where the facts allow.

Assault in Quebec: what the numbers show

The figures below are Statistics Canada police-reported data (table 35-10-0177) for the province of Quebec as a whole.

Year	Quebec assault level 1 rate per 100,000	Quebec incidents	Persons charged	Canada rate per 100,000
2016	399.15	32,830	11,826	441.95
2019	432.26	36,669	18,543	500.25
2022	474.72	41,173	20,138	505.93
2024	512.99	46,146	21,576	525.88
2025	518.68	46,984	22,566	528.07

In 2025, Quebec police reported 46,984 level 1 assaults, a rate of 518.68 per 100,000 people, slightly below the Canadian rate of 528.07. The Quebec rate has risen about 30% since 2016, and the number of people charged nearly doubled over the same period.

Assault level 2 (with a weapon or causing bodily harm) rose faster: from 122.78 per 100,000 in 2016 to 211.14 in 2025, with 19,126 incidents and 10,987 persons charged, close to the Canadian rate of 214.19.

Quebec's overall Crime Severity Index was 61.55 in 2025 and its violent Crime Severity Index was 97.99, with a 5.06% drop from the year before. You can explore more on our Quebec crime statistics page and follow Quebec crime news.

Possible penalties and other consequences

For assault (level 1), the maximum sentence is five years in prison if the Crown proceeds by indictment, and up to two years less a day if it proceeds summarily. Many first-time cases end with much lighter outcomes, such as a discharge, probation or a fine, but results depend on the facts and your history.

• Criminal record: a conviction creates one; a discharge or peace bond is treated differently.
• Travel: a record can cause problems entering the United States and other countries.
• Immigration: permanent residents and non-citizens can face serious immigration consequences. Get advice before any resolution.
• Work: jobs requiring background checks, such as with children or in security, may be affected.

For more detail, see our guide to being charged with assault in Quebec and the national guide to assault.

Choosing a lawyer and paying for one

Useful questions to ask at a first meeting:

• How much of your practice is criminal defence?
• What do you see as the main issues in my case after seeing disclosure?
• Can you help me change my release conditions?
• How do you charge, and what will the next steps cost?
• Can you represent me in French or English, as I prefer?

Fees vary with the complexity of the case and are discussed at the first meeting. If your income is limited, you may qualify for legal aid (aide juridique) through the Commission des services juridiques. Duty counsel, a lawyer available at court, can help on the day of an appearance if you do not yet have a lawyer.

If you are the complainant or victim

If you were assaulted, you can report it to police. CAVAC centres (centres d'aide aux victimes d'actes criminels) offer support and information about the court process. You may also be able to apply for compensation through IVAC. If the accused has a no-contact condition, it applies to them, not to you, but contacting them can complicate the case. You can get your own legal advice through our victim consultation request.

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, your request goes to an independent criminal defence lawyer. The firm reviews it, and a lawyer contacts you to discuss your situation. No lawyer-client relationship exists until you and the lawyer both agree to work together. 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 cost in Quebec?

It depends on the facts, how complex the case is, and whether it resolves early or goes to trial. Lawyers set their own fees, so ask about cost and payment options at the first meeting. If your income is limited, you may qualify for aide juridique through the Commission des services juridiques, and duty counsel can help at court on the day of an appearance.

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

You are not required to have one, but a first charge can still lead to a criminal record that affects travel, work and immigration. A lawyer can review the disclosure, look at defences such as self-defence, and discuss options with the DPCP prosecutor, such as a withdrawal or a peace bond, where the facts allow. Many people find it worth getting advice early.

Who decides whether I am charged with assault in Quebec?

In Quebec, police investigate, but a prosecutor from the Directeur des poursuites criminelles et pénales (DPCP) reviews the file and authorizes the charge. This means you may be released and then wait some time before learning whether a charge will go ahead. A lawyer can sometimes contact the prosecutor during this period.

Can I go home or contact the other person after an assault arrest?

Only if your release conditions allow it. Many assault releases include a no-contact order or a ban on going to a certain address. Breaking a condition is a separate criminal offence, even if the other person agrees or contacts you first. A lawyer can ask the Crown or the court to change conditions that are not workable.

Can my assault case be heard in English in Quebec?

Yes. Under the Criminal Code, an accused person can ask for a trial in the official language of their choice, French or English. It is best to raise this early, ideally at or soon after your first appearance, so the court can plan. Your lawyer can make the request for you.

Will an assault charge give me a criminal record?

Not necessarily. A charge alone is not a conviction. Cases may end with charges withdrawn, a peace bond, an acquittal, or a discharge, which is treated differently from a conviction. A conviction does create a criminal record. The outcome depends on the evidence, the circumstances and your history.