If you’ve been charged with assault causing bodily harm in Ontario, the stakes are high. A conviction can result in jail time, a permanent criminal record, and serious consequences for your employment, immigration status, and personal relationships. These charges are often emotionally charged and may arise from disputes that escalated quickly. Whether the incident occurred during a fight, a domestic altercation, or an unexpected confrontation, you need an experienced lawyer for assault causing bodily harm to protect your rights and fight for your future.
What Is Assault Causing Bodily Harm?
Assault causing bodily harm is defined under section 267(b) of the Criminal Code of Canada. It involves an intentional application of force—either directly or indirectly—on another person without their consent, which results in bodily harm.
Bodily harm refers to any injury that is more than minor or transient. It must interfere with the victim’s health or comfort in a way that is more than fleeting. Examples can include:
- Bruises or broken bones
- Concussions
- Deep cuts or swelling
- Sprains or lasting soreness
- Psychological harm (in some cases)
This charge is considered more serious than common assault and is treated as a hybrid offence, meaning the Crown can proceed either by summary conviction or by indictment depending on the circumstances.
Penalties for Assault Causing Bodily Harm in Ontario
If you’re convicted of assault causing bodily harm, the penalties vary depending on how the Crown proceeds:
- By summary conviction: Up to 2 years less a day in jail
- By indictment: Up to 10 years in prison
Other possible consequences include:
- Probation or conditional sentence
- Court-ordered counselling (e.g., anger management)
- Firearm prohibitions
- Restitution to the victim
- A lifelong criminal record
If the offence is deemed to involve a domestic relationship, the Crown may pursue more aggressive sentencing, and judges may be less likely to grant a discharge.
How a Criminal Lawyer Can Help
An experienced lawyer for assault causing bodily harm will analyze the evidence, challenge the Crown’s version of events, and build a strategy that fits the facts of your case. Some of the legal options and defences may include:
- Self-defence: You used force to protect yourself from harm.
- Defence of another: You intervened to protect someone else from an attack.
- Consent: The other person agreed to the physical contact (e.g., in sports or consensual fights).
- Lack of intent: You did not intend to apply force, or the injury was accidental.
- No bodily harm: The injuries do not meet the legal threshold for bodily harm.
- Charter violations: Your rights were breached during the arrest or police investigation.
A strong legal defence can result in a withdrawal of the charge, a peace bond, a reduced charge, or even an acquittal at trial.
Early Legal Advice Matters
Assault causing bodily harm charges often come with complex facts and strong emotions. You may be subject to no-contact orders, release conditions, or even pre-trial custody. That’s why it’s essential to speak with a lawyer as soon as possible after being charged—or even if you believe you are under investigation.
Early involvement by a criminal defence lawyer can help with:
- Securing your release on bail
- Preventing unnecessary admissions to police
- Gathering evidence and witness statements while memories are fresh
- Opening negotiations with the Crown before trial
At De Boyrie Law, we act quickly to protect your interests and begin building a defence from day one.
Domestic Assault Causing Bodily Harm
If the alleged victim is a spouse, partner, or family member, your charge may be treated as domestic assault. These cases are handled with extra scrutiny and may involve:
- Immediate no-contact conditions
- Removal from the family home
- Pressure from the Crown to avoid resolution without trial
- Child protection concerns if children were present
Even if the complainant wants to “drop the charges,” that decision rests with the Crown, not the individual. A lawyer experienced in both assault and domestic violence matters can help you navigate this sensitive and complex situation.
Why Choose De Boyrie Law
At De Boyrie Law, we’ve successfully defended individuals across Ontario facing serious assault allegations. We understand how one incident—often involving alcohol, stress, or miscommunication—can quickly escalate into criminal charges. We approach every case with a combination of legal precision and real-world understanding. Whether this is your first charge or you have prior contact with the justice system, we are here to guide and defend you at every stage.
Schedule a Free Consultation With De Boyrie Law
If you’re searching for a lawyer for assault causing bodily harm, don’t wait to get legal advice. The earlier you involve a defence lawyer, the more options you may have to protect your freedom and avoid a criminal record. Contact De Boyrie Law today for a free, confidential consultation.