Assaulting a Police Officer in Canada: Section 270 Penalties

Assaulting a police officer is a separate offence in the Criminal Code, with its own heavier forms when a weapon is involved, when the officer is injured or when someone tries to take the officer’s weapon. The same section also covers assaulting anyone to resist a lawful arrest, and assaulting people enforcing a seizure such as a bailiff. Charges usually follow arrests that turn physical: pushing, kicking, spitting at, or struggling with officers. It is often laid together with resisting or obstructing a peace officer.

What the law says

Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure.

“Peace officer” is defined broadly in s. 2: it includes police officers, RCMP members, correctional officers, sheriffs, border services officers and some other officials. “Assault” has the general meaning in s. 265: intentionally applying force without consent, or attempting or threatening to do so with the apparent ability to carry it out.

What the Crown must prove

• You intentionally applied force to (or attempted or threatened force against) the officer;
• the person was a peace or public officer, and you knew it;
• the officer was acting in the execution of their duty, which means acting lawfully. If the arrest, detention or entry was unlawful, this charge cannot succeed (though a simple assault charge might).

Penalties

• Assaulting a peace officer (s. 270): hybrid; up to 5 years by indictment.
• With a weapon or imitation, or causing bodily harm (s. 270.01): hybrid; up to 10 years by indictment.
• Aggravated assault of a peace officer, wounding, maiming, disfiguring or endangering life (s. 270.02): indictable; up to 14 years.
• Disarming a peace officer, taking or trying to take their weapon (s. 270.1): hybrid; up to 5 years by indictment.
• On summary conviction: up to 2 years less a day and/or a fine of up to $5,000.

Two sentencing rules make these charges serious. The judge must give primary consideration to denunciation and deterrence (s. 718.02), and a sentence for assaulting a law enforcement officer must be served consecutively to any other sentence for offences from the same events (s. 270.03). Even so, short struggles during an arrest by people with no record sometimes end with a conditional discharge or probation.

Common defences

• Unlawful arrest or entry: if the officer was not acting lawfully, they were not “in the execution of their duty”. A Charter breach can also lead to evidence being excluded.
• Self-defence: force used to defend yourself against excessive force by police can be justified if it was reasonable in the circumstances (s. 34).
• No intent: contact was accidental, for example when falling, flinching or being moved.
• Did not know the person was an officer: for example a plain-clothes officer who did not identify themselves.
• Video and witnesses: body-worn camera, dash camera and bystander video often decide these cases.

If you are charged

• Do not discuss the charge with police or anyone else before getting legal advice. You have the right to stay silent and to speak to a lawyer without delay (your rights if arrested).
• Follow every release condition (no contact, curfew, address). A breach is a new offence (how bail works).
• Attend every court date. Failing to appear is also an offence.
• Get the disclosure: the Crown must give you the evidence it has. A lawyer can review it, negotiate with the Crown (withdrawal, diversion, a lesser charge) or prepare for trial.
• If you cannot afford a lawyer, legal aid and duty counsel at the courthouse can help.

Criminal record and record suspension

A conviction creates a criminal record, unless the court grants a discharge, which is not a conviction (an absolute discharge is removed from the RCMP system after one year, a conditional discharge after three years). A person who was convicted can apply to the Parole Board of Canada for a record suspension (formerly a pardon). The waiting period is 5 years if the Crown proceeded summarily and 10 years if it proceeded by indictment, counted from the end of the whole sentence, including probation and payment of fines (Criminal Records Act, s. 4). More from the Parole Board.

Frequently asked questions

What is the penalty for assaulting a police officer in Canada?

Up to 5 years by indictment for a simple assault on an officer, 10 years with a weapon or causing bodily harm, and 14 years for aggravated assault. The sentence must emphasize denunciation and deterrence and is served after any other sentence for the same events.

Is resisting arrest the same as assaulting a police officer?

No. Resisting or wilfully obstructing an officer is a separate offence (s. 129, up to 2 years). Using force against anyone to resist a lawful arrest is assault under s. 270(1)(b), which carries up to 5 years.

Can you defend yourself against a police officer?

The law allows reasonable force to defend yourself against an unlawful or excessive use of force, but courts look closely at whether your response was reasonable. Resisting a lawful arrest is not self-defence.

Related offences

• Obstructing a Peace Officer in Canada
• Level 1 Assault Under Canadian Law
• Assault With a Weapon or Bodily Harm
• Aggravated Assault in Canada
• Impersonating a Police Officer in Canada
• Escape from Lawful Custody in Canada

Sources

• Criminal Code, s. 270
• Criminal Code, s. 270.01
• Criminal Code, s. 270.02
• Criminal Code, s. 270.03
• Criminal Code, s. 270.1
• Criminal Code, s. 718.02

General legal information, current to the Criminal Code as in force on September 30, 2026. It is not legal advice: every case turns on its facts. Speak to a lawyer about your situation.