Charged With Assault Causing Bodily Harm in Manitoba? What's Next

What an assault causing bodily harm charge means

Assault causing bodily harm and assault with a weapon are both charged under section 267 of the Criminal Code. Police sometimes call it "level 2 assault." It is more serious than common assault (section 266) and less serious than aggravated assault (section 268).

Section 267 applies when a person commits an assault and does one of these things:

• Weapon: carries, uses or threatens to use a weapon or an imitation of one.
• Bodily harm: causes bodily harm to the complainant (the person said to have been assaulted).
• Choking: chokes, suffocates or strangles the complainant.

The prosecutor, called the Crown, must prove every part of the offence beyond a reasonable doubt. In general terms, the Crown must prove that you were the person involved, that you intentionally applied force (or attempted or threatened to) without the other person's consent, and that a weapon was involved or bodily harm or choking resulted.

Two definitions matter. Bodily harm means any hurt or injury that interferes with a person's health or comfort and is more than brief or trivial. Cuts, broken bones, concussions and significant bruising can qualify. A weapon is anything used, designed or intended to cause injury or to threaten or intimidate. That can include ordinary objects such as a bottle, a chair or a boot, depending on how they were used. For bodily harm, the Crown generally does not have to prove you meant to injure anyone, only that the assault caused the harm and that a risk of harm was reasonably foreseeable.

Section 267 is a hybrid offence. The Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment (the more serious route). Laws on strangulation and intimate partner violence have been under review in Parliament, so if your charge involves choking, ask a lawyer to confirm the current law. For a national overview, see our guide to assault with a weapon or causing bodily harm.

Remember: a charge is an accusation, not a finding. You are presumed innocent unless the Crown proves its case.

What happens after an assault with a weapon charge in Manitoba

Arrest and release

After an arrest, police may release you with an appearance notice or an undertaking, which is a written promise to attend court and follow certain conditions. If police hold you, you will be brought before a justice or judge for a bail hearing, usually within 24 hours, and may be released on a release order.

In assault cases, common conditions include:

• No contact, direct or indirect, with the complainant or witnesses
• Staying away from a home, workplace or other address
• Not possessing weapons or firearms
• Not consuming alcohol or drugs, in some cases
• Living at a set address or reporting to police

Take these conditions seriously. Breaking one is a separate criminal offence, even if the complainant contacts you first or agrees to see you. If a condition is unworkable, for example because you share a home or children with the complainant, a lawyer can ask the Crown or the court to vary it. In some situations, such as a prior intimate partner violence conviction or being on release for another charge, you may have to show why you should be released.

Who decides on charges in Manitoba

In Manitoba, police generally lay the charge. Crown prosecutors with the Manitoba Prosecution Service then review the file and decide whether to continue, change the charge, or stay or withdraw it. The complainant does not "drop" the charge; that decision belongs to the Crown.

First appearance

Your first appearance will be in the Provincial Court of Manitoba, whether you were charged in Winnipeg or elsewhere in the province. It is usually short and administrative. There is no trial that day. A lawyer can often appear for you or with you.

Disclosure

Disclosure is the Crown's evidence: police reports, witness statements, photos, medical records, video and 911 recordings. You have a right to it, and your lawyer will review it before giving advice on next steps. Disclosure may come in stages.

The Crown's election and where the case is heard

If the Crown proceeds summarily, the case stays in Provincial Court. If the Crown proceeds by indictment, you can usually choose trial by a Provincial Court judge, a judge of the Court of King's Bench alone, or a King's Bench judge and jury. Because the maximum sentence is 10 years, a preliminary inquiry is generally not available for this offence.

Resolution or trial

Many cases end without a trial. Depending on the facts, the Crown may withdraw the charge, offer a peace bond (a court order to keep the peace, explained below), agree to a reduced charge such as common assault, or consider alternative measures. Other cases go to trial. Your lawyer can explain the options; the decision on how to plead is yours.

How long it takes

Cases often take several months and can take more than a year. Under the Supreme Court of Canada's Jordan framework, there is a presumptive ceiling of 18 months for cases in provincial court and 30 months for cases in superior court. Delay beyond those limits, not caused by the defence, may lead to a stay of proceedings.

Possible penalties for assault causing bodily harm

Maximums are reserved for the most serious cases. For a person with a prior conviction involving intimate partner violence, the maximum on indictment can be raised to 14 years.

What sentences can look like in practice

Because there is no mandatory minimum, judges have a wide range of options:

• Absolute discharge: a finding of guilt with no conviction and no conditions.
• Conditional discharge: no conviction is entered if you complete probation conditions, such as counselling or community service.
• Fine, often combined with probation.
• Suspended sentence and probation, which results in a conviction.
• Conditional sentence: a jail sentence of less than two years served in the community, often with house arrest. Bill C-5 (2022) widened access to these sentences.
• Jail, sometimes intermittent (served on weekends) for shorter terms.

Additional orders may include a weapons prohibition (mandatory when the Crown proceeds by indictment), a DNA order, restitution for the complainant's losses and a victim surcharge.

Factors that matter

• The seriousness of the injury and the type of weapon
• Whether the complainant was an intimate partner, family member or a person under 18, which the Criminal Code treats as aggravating
• Your criminal record, or lack of one
• The circumstances, including provocation, intoxication and who started the conflict
• Remorse, steps taken such as counselling, and your work and family situation
• For Indigenous people, the court must consider their background and circumstances (often called Gladue principles)

Other consequences in Manitoba

Criminal record and record suspensions

A conviction creates a criminal record. A discharge is not a conviction, and federal law provides for it to be removed from the national police database after one year (absolute) or three years (conditional). After a conviction, you can apply to the Parole Board of Canada for a record suspension (formerly a pardon) five years after completing your sentence for a summary offence, or ten years for an indictable offence.

Travel to the United States

US border officers decide admissibility under US law. A violent offence, especially involving a weapon, may make you inadmissible and require a US waiver. Even an arrest or charge may be asked about at the border.

Immigration

If you are not a Canadian citizen, this charge is serious. Because the maximum is 10 years, a conviction can be treated as "serious criminality" under immigration law, even if the Crown proceeded summarily. Permanent residents, students and workers should get immigration advice before resolving the case.

Employment and family

Jobs requiring security or vulnerable sector checks, professional licences and firearms licences can all be affected. No-contact conditions can also affect your housing and parenting time, and family court or child protection matters may run alongside the criminal case.

Common defences and issues a lawyer will look at

Every case turns on its own facts. In general, a lawyer may examine:

• Self-defence or defence of others: force used to protect yourself or someone else can be lawful if it was reasonable in the circumstances.
• Identity: whether the Crown can prove you were the person involved, particularly in crowded or chaotic incidents.
• Bodily harm or weapon not proven: if the injury was minor or the object was not used as a weapon, the case may support only common assault.
• Consent: consent can matter in some situations, such as sports, but the law limits consent to fights where serious harm is intended or caused.
• Credibility and reliability: inconsistencies among witnesses, video, 911 calls and medical evidence.
• Charter rights: whether a search was unreasonable (section 8), whether you were arbitrarily detained (section 9), and whether police told you of your right to a lawyer and let you speak to one without delay (section 10(b)). Breaches can sometimes lead to evidence being excluded.
• Delay and disclosure: unreasonable delay under section 11(b), or incomplete disclosure.

How common is assault causing bodily harm in Manitoba?

According to Statistics Canada police-reported data, Manitoba police recorded 7,050 incidents of level 2 assault (weapon or bodily harm) in 2025, a rate of 466.98 per 100,000 people. That year, 3,550 persons were charged. The Canada-wide rate was 214.19 per 100,000, so Manitoba's rate was more than twice the national rate.

The rate rose almost every year from 2016 to a peak of 533.84 in 2023, then fell in 2024 and 2025. The number of persons charged kept rising, from 2,633 in 2016 to 3,550 in 2025. These figures count police-reported incidents, not convictions. For more, see our Manitoba crime statistics and Manitoba crime news.

If you are the victim or complainant

If you were hurt, your safety and health come first. Get medical care and keep records of your injuries, such as photos and medical notes. You can report to police at any time, though reporting soon after an incident often helps preserve evidence.

Police investigate and may lay a charge. The Manitoba Prosecution Service then decides whether to prosecute. You are a witness, not a party, so the decision to continue or stop is the Crown's, but you have a right under the Canadian Victims Bill of Rights to information about the case and to have your views considered.

• Victim services: ask police or the Crown to connect you with victim services, which can explain the court process, help with safety planning and support you if you testify.
• No-contact conditions: the accused is often ordered not to contact you. If they do, tell police. You cannot waive these conditions yourself; a request to change them goes through the Crown or the court.
• Peace bonds: under section 810 of the Criminal Code, you can ask a court for a peace bond if you fear someone will harm you, even without a criminal charge. It usually lasts up to 12 months and breaching it is an offence.
• Victim impact statement and restitution: if there is a finding of guilt, you can describe the effect of the offence on you and ask for repayment of financial losses.

The Crown does not act as your lawyer. You may want independent legal advice, especially about privacy of your records, family matters or a civil claim.

When to speak with an assault lawyer in Manitoba

The best time to get legal advice is as early as possible: before you give any statement to police, and before your first appearance. You have the right to remain silent, and anything you say, text or post can become evidence. A lawyer can explain your release conditions, request disclosure, ask to vary conditions, and advise on immigration or employment risks before decisions are made.

If you cannot afford a lawyer, you can apply to Legal Aid Manitoba. Eligibility depends on your finances and the seriousness of the charge, and this charge often qualifies because jail is possible.

People charged can request a free, confidential first consultation through an independent criminal defence lawyer here, and victims or complainants can request one here.

This guide is general information about the law in Manitoba, not legal advice. Every case depends on its own facts, so speak with a lawyer about your situation.

Frequently asked questions

Is assault causing bodily harm a felony in Manitoba?

Canada does not use the term felony. Assault causing bodily harm under section 267 of the Criminal Code is a hybrid offence. The Crown can proceed by summary conviction, with a maximum of two years less a day and a fine of up to $5,000, or by indictment, with a maximum of 10 years. The Crown's choice depends on factors such as the injury, any weapon and your record.

Will I go to jail for assault causing bodily harm in Manitoba?

Not necessarily. There is no mandatory minimum sentence, so judges can impose a discharge, fine, probation, a conditional sentence served in the community, or jail. The outcome often depends on the seriousness of the injury, whether a weapon was used, whether the complainant was a partner or child, your criminal record and the steps you have taken since. A lawyer can assess the likely range in your case.

Can the victim drop an assault charge in Manitoba?

No. In Manitoba, police lay the charge and the Manitoba Prosecution Service decides whether to continue. A complainant can share their wishes with the Crown, and those views may be considered, but the decision belongs to the Crown. No-contact conditions also stay in place until a court or the Crown changes them, even if the complainant wants contact.

What is the difference between assault with a weapon and assault causing bodily harm?

Both fall under section 267 and carry the same penalties. Assault with a weapon involves carrying, using or threatening to use a weapon or an imitation, and no injury is required. Assault causing bodily harm requires an injury that is more than brief or trivial. Choking, suffocating or strangling is also covered by section 267.

Can an assault causing bodily harm charge be reduced or withdrawn?

It can happen, depending on the evidence and circumstances. After reviewing disclosure, the Crown may withdraw the charge, offer a peace bond, agree to a lesser charge such as common assault, or consider alternative measures. Other cases go to trial. A lawyer can discuss options with the Crown, but no particular result can be promised.

Do I need an assault causing bodily harm lawyer in Manitoba?

It is strongly recommended. This is a serious charge with possible jail, a criminal record, a weapons prohibition and immigration consequences for non-citizens. A lawyer can review disclosure, assess self-defence and Charter issues, deal with release conditions and negotiate with the Crown. If cost is a concern, you can apply to Legal Aid Manitoba, and an independent criminal defence lawyer offers a free first consultation.

How long does an assault case take in Manitoba?

Many cases take several months, and some take more than a year, especially if they go to trial. Under the Jordan framework, cases in Provincial Court have a presumptive ceiling of 18 months and cases in the Court of King's Bench have 30 months. Delay beyond these limits that is not caused by the defence may lead to a stay.