Charged With Assault Causing Bodily Harm in Quebec? What Happens Next

What an assault causing bodily harm charge means

If you or someone close to you has been charged with assault causing bodily harm or assault with a weapon in Quebec, the charge falls under section 267 of the Criminal Code. Police and courts often call it a "level 2" assault. It is more serious than simple assault (s. 266) and less serious than aggravated assault (s. 268).

Being charged is not a finding of guilt. You are presumed innocent, and the prosecution must prove every element of the offence beyond a reasonable doubt.

Section 267 covers three situations. A person commits the offence if, in committing an assault, they:

• carry, use or threaten to use a weapon or an imitation of a weapon (assault with a weapon);
• cause bodily harm to the other person (assault causing bodily harm); or
• choke, suffocate or strangle the other person (added to the Code in 2019).

What the Crown must prove

The Crown is the prosecutor who presents the case against you. In Quebec, that is a prosecutor with the Directeur des poursuites criminelles et pénales (DPCP). The Crown generally has to prove:

• that you were the person involved (identity);
• that you intentionally applied force to another person, or attempted or threatened to, directly or indirectly;
• that the other person did not consent, and that you knew this or were reckless about it; and
• the extra element: a weapon, bodily harm, or choking.

"Bodily harm" is defined in the Code as any hurt or injury that interferes with a person's health or comfort and is more than merely brief or trivial. A cut, bruise or concussion can qualify. Courts have held that the Crown does not need to prove you intended the injury; it is generally enough that a reasonable person would have seen a risk of more than trivial harm from the assault.

A "weapon" is anything used, designed or intended to cause death or injury, or to threaten or intimidate. Everyday objects, such as a bottle, a chair or a set of keys, can become weapons depending on how they are used.

Offence type

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). For a broader overview, see our national guide to assault with a weapon or causing bodily harm.

What happens after a charge in Quebec

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 keep you in custody, you must be brought before a judge or justice, usually within 24 hours, for a bail hearing. If the court releases you, it issues a release order with conditions.

In assault cases, common conditions include:

• no contact, directly or indirectly, with the complainant or witnesses;
• staying away from certain homes, workplaces or areas;
• not possessing weapons or firearms;
• keeping the peace and being of good behaviour; and sometimes
• abstaining from alcohol or drugs, or following a curfew.

Breaching a condition is a separate criminal offence, even if the original charge is later dropped. If a condition is unworkable, for example because you share a home or children with the complainant, speak to a lawyer about asking the Crown or the court to vary it rather than ignoring it.

Who decides on charges in Quebec

Quebec uses a charge-approval system. Police investigate and submit a file, but a DPCP prosecutor reviews the evidence and decides whether to authorize a charge, and which charge. This means you may be arrested and released on conditions before the charge is formally laid. The prosecutor can also authorize a different charge than the one police mentioned at your arrest, such as simple assault instead of assault causing bodily harm, or the reverse.

First appearance

Your first appearance usually takes place in the Court of Québec (criminal and penal division), whether you live in Montreal, Quebec City, Laval or elsewhere in the province. It is typically short: the charge is confirmed, you or your lawyer receive or request disclosure, and the case is adjourned. You normally do not enter a plea at this stage. You have the right under the Criminal Code to a trial in French or English, and a lawyer can help you assert that choice.

Disclosure

Disclosure is the evidence the Crown must share with the defence: police reports, witness statements, photos of injuries, medical records, video and 911 recordings. Your lawyer will review it carefully before giving advice on how to proceed.

The Crown's election and your choice of court

Early in the case, the Crown elects to proceed summarily or by indictment. A summary case stays in the Court of Québec before a judge alone. If the Crown proceeds by indictment, you can usually choose a trial before a Court of Québec judge, a Superior Court judge alone, or a Superior Court judge and jury. Since 2019, preliminary inquiries are only available for offences with a maximum of 14 years or more, so they are generally not available for a section 267 charge.

Resolution or trial

Many cases resolve without a trial. That can mean a withdrawal of the charge, a peace bond, a plea to a lesser or different offence, or a joint sentencing submission. Others go to trial, where a judge (or jury) decides whether the Crown has proven the charge beyond a reasonable doubt. Which path makes sense depends on the evidence and your circumstances, and is a decision to make with a lawyer.

Typical timeline

Simpler cases may take several months; contested cases can take a year or more. Under the Supreme Court of Canada's Jordan framework, delay above 18 months in provincial court (the Court of Québec) or 30 months in superior court is presumed unreasonable, subject to exceptions and delay caused by the defence. Unreasonable delay can lead to a stay of proceedings under s. 11(b) of the Charter.

Possible penalties

Higher maximums can apply in some cases of repeat intimate partner violence. Maximums are reserved for the most serious cases and are rarely imposed.

What sentences can look like in practice

• Absolute discharge: you are found guilty but no conviction is entered and there are no conditions.
• Conditional discharge: no conviction is entered if you complete a period of probation with conditions, such as counselling or community service.
• Fine, alone or with probation.
• Suspended sentence and probation, often up to three years, with conditions.
• Conditional sentence: a jail term of under two years served in the community, often with house arrest. Bill C-5 (2022) widened access to conditional sentences, and they can be available for section 267 where the court is satisfied the community would not be endangered.
• Jail, more likely where a weapon caused serious injury, the assault was prolonged, or there is a related record.

Courts may also make ancillary orders, such as a weapons prohibition (mandatory in some situations), a DNA order, a restitution order for the victim's losses, and a victim surcharge.

Factors that matter

• the type of weapon and how it was used, and the seriousness of any injury;
• whether the assault involved an intimate partner, a child or a vulnerable person, which the Code treats as aggravating;
• provocation, self-defence that went too far, or other context;
• your criminal record, or lack of one;
• remorse, steps taken such as counselling or treatment, and your work and family situation;
• a guilty plea, which is usually a mitigating factor.

Other consequences in Quebec

Criminal record and record suspension

A conviction creates a criminal record. After completing your sentence, you can apply to the Parole Board of Canada for a record suspension: the waiting period is 5 years for a summary conviction and 10 years for an indictable conviction. Absolute and conditional discharges are not convictions; police records of them are generally removed from the national police database after 1 year (absolute) or 3 years (conditional).

Travel to the United States

U.S. border officials apply their own law. A conviction for a violent offence, or even an arrest or admission, can lead to being refused entry or needing a waiver. Get advice before travelling while charges are pending.

Immigration

If you are not a Canadian citizen, this charge is especially serious. Because section 267 carries a maximum of 10 years, a conviction may be treated as "serious criminality" under federal immigration law, even if the Crown proceeded summarily. This can affect permanent residents, workers, students and visitors. Speak to both a criminal lawyer and an immigration lawyer before any plea.

Employment and daily life

A record can affect jobs requiring background checks, work with children or vulnerable people, security clearances, and professional licences. Release conditions may also limit where you live or who you see while the case is ongoing.

Common defences and issues a lawyer will look at

Every case is different. In general terms, a lawyer will examine:

• Self-defence or defence of others (s. 34 of the Criminal Code): whether you reasonably believed force was being used or threatened, and whether your response was reasonable in the circumstances.
• Identity and credibility: many assault cases turn on conflicting accounts, so inconsistencies, motive and independent evidence such as video matter.
• Whether the injury is "bodily harm": if the harm was trivial or brief, a level 2 charge may not be proven, even if a lesser offence is.
• Whether the object was a "weapon" in the legal sense, and whether it was actually carried, used or threatened.
• Consent: relevant in some situations, such as sports, but limited by law where bodily harm is intended and caused.
• Charter issues: an unreasonable search or seizure of your phone or home (s. 8), an arbitrary detention (s. 9), or failure to tell you of, and let you use, your right to a lawyer without delay (s. 10(b)). Statements taken in breach of your rights may be excluded.
• Delay under s. 11(b), and whether disclosure is complete.

How common is this charge in Quebec?

According to Statistics Canada police-reported data (table 35-10-0177), Quebec police reported 19,126 incidents of assault level 2 (weapon or bodily harm) in 2025, a rate of 211.14 per 100,000 people. That year, 10,987 persons were charged. The Canadian rate was 214.19 per 100,000.

The trend is clearly upward. Quebec's rate rose every year from 2018 to 2025 and is about 72% higher than in 2016, while the number of persons charged more than doubled. Quebec has long been below the national rate, but the gap has nearly closed: the Canadian rate levelled off from 2023 to 2025 while Quebec's kept climbing. Police-reported numbers reflect reporting and enforcement practices as well as actual crime. See more on our Quebec crime statistics page, and follow local cases on Quebec crime news.

If you are the victim or complainant

If you are in immediate danger, call emergency services. You can report an assault to your local police service at any time, including after some delay. Police investigate, gather evidence such as photos and medical records, and send the file to a DPCP prosecutor, who decides whether to authorize a charge. The prosecutor represents the public, not you personally, but should keep you informed and consider your safety.

• CAVAC centres (Centres d'aide aux victimes d'actes criminels) offer free, confidential support, information about the court process and accompaniment, whether or not you report to police.
• IVAC (indemnisation des victimes d'actes criminels) is Quebec's compensation program and may help with costs and losses linked to a crime.
• The court can impose no-contact conditions on the accused during the case and as part of a sentence. Tell police or the prosecutor if they are breached.
• A peace bond under s. 810 is a court order requiring a person to keep the peace and follow conditions, such as staying away from you, for up to a year, without a criminal conviction. It can be sought even where no charge proceeds.
• If there is a conviction, you may give a victim impact statement and ask for restitution of your losses.

Under the Canadian Victims Bill of Rights, you have rights to information, protection and participation. You can also get your own independent legal advice.

When to speak with a lawyer

The earlier, the better. Ideally speak with a criminal defence lawyer before giving any statement to police; you have the right to remain silent and the right to counsel. Speak with one before your first appearance, before agreeing to release conditions where possible, and certainly before any plea discussions. Do not contact the complainant or discuss the case on social media, even to apologize.

If cost is a concern, the Commission des services juridiques (aide juridique) provides legal aid in Quebec to eligible people, and many lawyers in Montreal, Quebec City, Laval and across the province accept legal aid mandates.

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

This guide is general information about the law in Quebec and Canada, not legal advice. For advice about your situation, speak with a lawyer.

Frequently asked questions

What is the sentence for assault causing bodily harm in Quebec?

Section 267 is a hybrid offence with no mandatory minimum. If the Crown proceeds summarily, the maximum is two years less a day and/or a $5,000 fine. By indictment, the maximum is 10 years. In practice, sentences range from discharges and probation to conditional sentences or jail, depending on the injury, any weapon, the relationship, your record and other circumstances.

Is assault causing bodily harm a felony in Canada?

Canada does not use the term felony. Assault causing bodily harm is a hybrid offence: the Crown can treat it as a summary conviction offence or an indictable offence, which is closer to what other countries call a felony. The choice affects the maximum penalty, the court, and the waiting period for a record suspension (5 years summary, 10 years indictable).

Can an assault with a weapon charge be dropped in Quebec?

It can be. A DPCP prosecutor reviews the evidence and can withdraw or stay a charge, reduce it to a lesser offence, or agree to resolve it with a peace bond. This may happen if the evidence is weak or the circumstances justify it. The complainant cannot simply drop the charge, since the decision belongs to the prosecutor.

Can I get a discharge for assault causing bodily harm?

A conditional or absolute discharge is legally available for section 267 because there is no mandatory minimum and the maximum is 10 years. A judge may grant one if it is in your best interests and not contrary to the public interest. It is more realistic where the injury was minor, there was no weapon, and you have no record.

What counts as bodily harm under the Criminal Code?

Bodily harm means any hurt or injury that interferes with a person's health or comfort and is more than merely brief or trivial. Bruises, cuts, a broken nose or a concussion can qualify, as can some psychological harm. If the injury was only fleeting, the Crown may not be able to prove assault causing bodily harm, although a lesser charge could still apply.

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

It is strongly recommended. The charge can lead to jail, a criminal record, weapons prohibitions and immigration consequences. A criminal lawyer can review disclosure, challenge release conditions, identify defences such as self-defence or Charter breaches, and negotiate with the DPCP. If you cannot afford one, check eligibility with aide juridique (Commission des services juridiques) or request a free first consultation.