Assault Charge in Quebec? What Happens Next and What to Do

Being arrested or charged with assault in Quebec is frightening, whether it happened after an argument in Montreal, a bar fight in Quebec City or a family dispute in Laval. This guide explains, step by step, what an assault charge means, how the process works in Quebec, what penalties are possible and what you can do now. Remember: you are presumed innocent unless the Crown proves the charge beyond a reasonable doubt.

What an assault charge means

Assault is defined in section 265 of the Criminal Code, and the penalty for the basic offence is in section 266. This basic offence is often called simple assault, common assault or "assault level 1". In French, and in many Quebec court documents, it is called voies de fait simples. It is the least serious form of assault: there is no weapon charge and no allegation of bodily harm, which are separate, more serious offences.

Under section 265, a person commits assault if they:

• intentionally apply force to another person, directly or indirectly, without that person's consent;
• attempt or threaten, by an act or gesture, to apply force, if they have (or make the other person reasonably believe they have) the present ability to do it; or
• while openly wearing or carrying a weapon or an imitation, accost or impede another person or beg.

The force does not have to cause injury. A push, a slap or grabbing someone's arm can qualify. To convict, the Crown (the prosecutor acting for the state) must prove beyond a reasonable doubt that you were the person involved, that the force or threat was intentional, that the other person did not consent, and that you knew, or were reckless or wilfully blind about, the lack of consent. Consent does not count if it was obtained through force, threats, fraud or the exercise of authority.

Simple assault is a hybrid offence. That means the Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment (the more serious route). For a broader overview of the offence across the country, see our national guide to assault.

What happens after an assault charge in Quebec

Arrest and release

After an arrest, police may release you with a document requiring you to come to court, or they may hold you for a bail hearing, which must generally take place within 24 hours. If released by police, you may sign an undertaking: a written promise to appear in court and follow certain conditions. If a judge or justice releases you after a bail hearing, the conditions are set out in a release order.

In assault cases, common conditions include:

• no contact, direct or indirect (including texts, social media and messages through friends), with the complainant;
• staying away from the complainant's home, work or school;
• not possessing weapons;
• keeping the peace and being of good behaviour;
• sometimes, not consuming alcohol or living at a specific address.

Take these conditions seriously. Breaching them is a separate criminal offence, even if the complainant contacts you first or agrees to see you. If the conditions are unworkable (for example, you share a home or children with the complainant), a lawyer can ask to have them changed. Where the allegation involves an intimate partner and the accused has a previous related conviction, the law can require the accused to show why they should be released, rather than the Crown showing why they should be detained.

Who decides on charges in Quebec

Quebec has a pre-charge approval system. Police investigate and send the file to the Directeur des poursuites criminelles et pénales (DPCP). A DPCP prosecutor reviews the evidence and decides whether to authorize a charge. This means there can be a gap between your arrest and the formal charge, and the prosecutor may authorize a different charge than the one police mentioned, or none at all.

It also means the complainant cannot simply "drop the charges". Once a case is in the system, the decision to continue or stop belongs to the DPCP.

First appearance and disclosure

Most assault cases start in the Court of Québec (criminal and penal division). Your first appearance is usually short: the charge is confirmed and the case is scheduled. You normally do not plead or tell your side at this stage.

The Crown must then provide disclosure: the evidence it has gathered, such as police notes, witness statements, photos, video and 911 recordings. Your lawyer reviews disclosure before advising you on next steps.

Crown's election, resolution or trial

Because assault is hybrid, the Crown elects how to proceed. Simple assault is often prosecuted summarily, in which case the trial is before a Court of Québec judge. If the Crown proceeds by indictment, you can usually choose to be tried by a provincial court judge, a Superior Court judge alone, or a Superior Court judge and jury.

Many cases are resolved without a trial. Depending on the facts and the Crown's policies, outcomes can include withdrawal of the charge, a peace bond, alternative measures, or a negotiated plea. Others go to trial, where the judge hears the witnesses and decides whether guilt has been proven.

Typical timeline

Simple assault cases can take several months to over a year, depending on complexity and court schedules. The Charter guarantees the right to be tried within a reasonable time. The Supreme Court of Canada has set presumptive ceilings of 18 months for cases in provincial court and 30 months for cases in superior court, measured from charge to the end of trial, minus delay caused by the defence. Unreasonable delay beyond those ceilings can lead to a stay of proceedings.

Possible penalties for simple assault

When the case involves repeat intimate partner violence and the Crown proceeds by indictment, the Criminal Code can raise the maximum to 10 years.

What sentences can look like in practice

Maximums are reserved for the worst cases. Because there is no mandatory minimum, judges have a full range of options:

• Absolute discharge: you are found guilty, but no conviction is registered and there are no conditions.
• Conditional discharge: no conviction is registered if you complete probation conditions (for example, counselling or community service).
• Fine, alone or with probation.
• Probation of up to three years with conditions.
• Conditional sentence: a jail sentence of less than two years served in the community under strict conditions, sometimes including house arrest. Changes in 2022 (Bill C-5) widened the offences for which this is available.
• Jail, sometimes served intermittently (for example, on weekends) if it is 90 days or less.

A judge may also impose a victim surcharge and, in some cases, a weapons prohibition.

Factors that matter

Sentences can depend on the level of force, whether there was any injury, whether the complainant was an intimate partner, child or vulnerable person (which the law treats as aggravating), your criminal record, whether you took responsibility, steps you have taken such as counselling, and your personal circumstances.

Other consequences in Quebec

Criminal record and record suspension

A conviction creates a criminal record. You can apply to the Parole Board of Canada for a record suspension (formerly a pardon) after completing your sentence and waiting 5 years for a summary conviction or 10 years for an indictable one. A discharge is not a conviction: records of an absolute discharge are generally removed from the national police database after one year, and a conditional discharge after three years.

Travel to the United States

US border officers make their own decisions. An assault charge or conviction may lead to questions or refusal of entry, and some travellers need a US waiver. Get advice before travelling while a charge is pending.

Immigration

If you are not a Canadian citizen, an assault conviction can affect your status. Permanent residents, temporary workers, students and visitors face different rules, and the sentence imposed can make a major difference. Speak to a criminal lawyer and an immigration lawyer before any plea.

Employment and family

A record can affect jobs that require police checks, such as work with children or vulnerable people, and professional licences. Release conditions can also affect where you live and contact with your children, so family arrangements may need to go through a lawyer or the family court.

Common defences and issues a lawyer will look at

Every case is different, but a lawyer will often examine:

• Self-defence or defence of another person: whether you reasonably believed force was being used or threatened, and whether your response was reasonable.
• Consent: for example, in sports, horseplay or a mutual fight, within the limits the courts have set.
• Accident or lack of intent: assault requires intentional force.
• Identity: whether the Crown can prove you were the person involved.
• Credibility and reliability: many assault cases come down to conflicting accounts, so inconsistencies, video and independent witnesses matter.
• Your statements: whether anything you told police was voluntary and properly obtained.

A lawyer will also look at Charter issues: whether any search was unreasonable (section 8), whether you were arbitrarily detained (section 9), and whether police told you about and respected your right to a lawyer without delay (section 10(b)). Breaches can sometimes lead to evidence being excluded. Delay (section 11(b)) can also be an issue.

How common is this charge in Quebec?

Simple assault is one of the most frequently reported violent offences. According to Statistics Canada police-reported data (table 35-10-0177), Quebec recorded a rate of 518.68 assault level 1 incidents per 100,000 people in 2025, with 46,984 incidents and 22,566 persons charged. The Canadian rate that year was 528.07, so Quebec was slightly below the national rate.

The trend has been upward. In 2016, Quebec's rate was 399.15 per 100,000 (32,830 incidents, 11,826 persons charged). Apart from a dip in 2020, the rate has risen almost every year, by roughly 30% overall, and the number of persons charged has nearly doubled, with a notable jump in 2019. Quebec's rate has stayed below the Canadian rate in every year from 2016 to 2025. These figures reflect incidents reported to police, not convictions. For more numbers, see our Quebec crime statistics, and follow local cases on our Quebec crime news page.

If you are the victim or complainant

If you are in immediate danger, contact emergency services. You can also report an assault to police later. Police will take your statement, gather evidence and send the file to the DPCP, where a prosecutor decides whether to authorize a charge. The prosecutor represents the public, not you personally, but should keep you informed about important steps.

In Quebec, CAVAC centres offer support to victims of crime, including information about the court process and help preparing to testify. You may also be able to apply for compensation through IVAC.

If the accused is released, the conditions will often include no contact with you. If they contact you or come to places they are prohibited from, tell police. You can also prepare a victim impact statement if there is a conviction. Where no charge is laid, or as part of a resolution, a peace bond under section 810 of the Criminal Code can be ordered: a court order requiring a person to keep the peace and follow conditions, such as no contact, usually for up to 12 months. You are entitled to get your own legal advice at any stage.

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 consult a lawyer when arrested. You should also get advice before your first appearance, before signing anything new, and before discussing the incident with anyone, including the complainant (which may also breach your conditions).

If you cannot afford a lawyer, you may qualify for legal aid through the Commission des services juridiques (aide juridique), which depends on your income and the case. 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. Every case depends on its facts; speak with a qualified lawyer about your situation.

Frequently asked questions

Is simple assault a criminal offence in Quebec?

Yes. Simple assault (voies de fait simples) is a Criminal Code offence under sections 265 and 266, which apply across Canada, including Quebec. It is a hybrid offence: the Crown can proceed by summary conviction, with a maximum of two years less a day and a $5,000 fine, or by indictment, with a maximum of five years. There is no mandatory minimum sentence.

Can the victim drop an assault charge in Quebec?

No. In Quebec, a DPCP prosecutor decides whether to authorize and continue a charge. The complainant's wishes are considered, but they cannot withdraw the case themselves. The prosecutor may continue if there is enough evidence and it is in the public interest. Contacting the complainant to discuss the case can also breach your release conditions, so communicate through a lawyer.

Will I go to jail for a first assault charge in Quebec?

Not necessarily. Outcomes depend on the facts, the level of force, any injury, the relationship with the complainant and your background. Because there is no mandatory minimum, options include withdrawal, a peace bond, an absolute or conditional discharge, a fine, probation, a conditional sentence or jail. Jail is more likely in serious or repeat cases. A lawyer can assess your situation.

Will an assault charge give me a criminal record?

A charge alone is not a conviction, but police records of the charge can exist. A conviction creates a criminal record, which can be suspended by the Parole Board of Canada after 5 years (summary) or 10 years (indictable) once your sentence is complete. A discharge is not a conviction, and its record is generally removed after one or three years.

How long does an assault case take in Quebec?

Many simple assault cases take several months to more than a year, depending on disclosure, court schedules and whether there is a trial. The Supreme Court of Canada set presumptive limits of 18 months for cases in provincial court, such as the Court of Québec, and 30 months in superior court. Unreasonable delay beyond these limits can lead to a stay of charges.

Do I need an assault lawyer in Quebec?

It is strongly recommended. An assault charge can lead to a criminal record, release conditions affecting your home and family, and immigration or travel problems. A criminal defence lawyer can review disclosure, spot defences such as self-defence or Charter breaches, seek changes to conditions, and negotiate with the DPCP. You may qualify for aide juridique through the Commission des services juridiques.

What happens if I break a no-contact condition?

Breaching an undertaking or release order is a separate criminal offence, even if the complainant contacts you first or agrees to meet. You can be arrested, face a new charge and find it harder to be released again. If a condition is causing real problems, for example with shared children or housing, ask a lawyer to request a change through the Crown or the court.