Being arrested for assault is a serious and often overwhelming experience. Whether the incident involved a verbal altercation, a bar fight, or a domestic dispute, assault charges in Canada can result in jail time, a criminal record, and long-term consequences that affect your employment, travel, and personal relationships. Understanding your rights, the legal process, and the role of a criminal defence lawyer is essential to protect yourself and build a strong defence from the very beginning.
This article explains what happens when you’re arrested for assault in Canada, what the different types of assault charges are, what penalties you may face, and how to navigate the next steps with the help of a lawyer.
What Happens When You’re Arrested for Assault?
If police believe they have reasonable grounds to think you committed an assault, they can arrest you without a warrant. This is common in cases involving alleged physical violence, domestic disputes, or incidents witnessed by others. After the arrest:
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You will be taken into police custody and advised of your right to remain silent and your right to speak with a lawyer
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Police may take your fingerprints and photograph
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You may be held in custody until a bail hearing or released on conditions, such as a promise to appear or an undertaking
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You will receive documents that include your court date and the conditions of your release
If you are held for a bail hearing, the Crown will decide whether to seek your detention. A judge or justice of the peace will then determine if you can be released pending trial.
Your Rights During and After an Arrest
If you are arrested for assault in Canada, you have the following rights:
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The right to know the reason for your arrest
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The right to remain silent and not incriminate yourself
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The right to consult a lawyer without delay
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The right to reasonable bail unless there is just cause to deny it
Exercising these rights properly is crucial. Do not answer police questions without speaking to a lawyer first. Even if you believe you did nothing wrong, your statements may be used against you later in court.
Types of Assault Charges in Canada
Assault is a broad category of offences under the Criminal Code of Canada, and the exact charge will depend on the nature and severity of the alleged incident.
Simple Assault (Section 266)
Involves the intentional application of force or the threat of force without consent. Common in verbal or minor physical altercations.
Assault Causing Bodily Harm (Section 267(b))
Applies when the alleged victim suffers more than minor injuries as a result of the assault.
Assault with a Weapon (Section 267(a))
Involves using or threatening to use a weapon during the incident. A “weapon” can include everyday objects if used to cause harm.
Aggravated Assault (Section 268)
The most serious form of assault. Involves wounding, maiming, disfiguring, or endangering the life of the victim.
Domestic Assault
Not a separate charge, but assault that occurs in the context of an intimate relationship. These charges are handled with extra scrutiny and may involve conditions prohibiting contact with the complainant.
Penalties for Assault Charges
Penalties vary based on the severity of the charge, the circumstances of the offence, and your criminal history.
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Simple assault: Up to 5 years in prison (if prosecuted by indictment)
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Assault causing bodily harm or with a weapon: Up to 10 years in prison
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Aggravated assault: Up to 14 years in prison
In addition to jail time, you may also face:
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A permanent criminal record
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Probation and mandatory counselling
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Restrictions on travel, particularly to the U.S.
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Loss of employment opportunities, especially in regulated professions
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Immigration consequences for non-citizens
A conviction for assault can have long-lasting impacts even if the sentence is relatively short.
Common Defences to Assault Charges
An experienced criminal defence lawyer will review the facts of your case and determine the best legal strategy. Common defences include:
Self-Defence
You are allowed to use reasonable force to protect yourself, others, or your property if you were under threat.
Consent
If the complainant agreed to the physical contact (e.g., in a consensual fight), it may be a defence.
No Intent to Harm
If the incident was accidental or you did not mean to apply force, the necessary intent for assault may be missing.
False Allegations
In domestic cases or personal disputes, people are sometimes falsely accused. Your lawyer may expose inconsistencies or motives for fabrication.
Identity Issues
If the assault happened in a crowded setting, the Crown must prove beyond a reasonable doubt that you were the person involved.
The Importance of Early Legal Advice
If you’ve been arrested for assault, speaking to a criminal defence lawyer right away is one of the most important steps you can take. A lawyer can:
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Review police disclosure and evidence
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Represent you at your bail hearing
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Challenge the conditions of your release
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Negotiate with the Crown for withdrawal, diversion, or a peace bond
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Prepare for trial and build a robust defence
Even if you believe the charge is minor or that the complainant may not want to proceed, do not make assumptions. Once charges are laid, only the Crown can withdraw them—not the alleged victim.
Diversion and Alternative Outcomes
If this is your first offence and the allegations are relatively minor, you may be eligible for diversion. This can involve counselling, community service, or other conditions. If completed successfully, the charge may be withdrawn and no criminal record will result.
Another possible resolution is a peace bond, where you agree to keep the peace and follow certain conditions for up to 12 months. This is only offered when the Crown believes there is some risk but your defence lawyer is able to convince them not to proceed with prosecution.
Why Choose De Boyrie Law
At De Boyrie Law, we provide strategic and experienced legal representation to clients across Toronto who have been arrested for assault. We understand that every case is unique and treat your matter with the urgency and discretion it deserves. From bail hearings to trial preparation, our team works tirelessly to protect your rights and secure the best possible outcome.
Schedule a Free Consultation with De Boyrie Law
If you’ve been arrested for assault, do not wait to get legal advice. Contact De Boyrie Law today for a free, confidential consultation. We’ll review your case, explain your options, and begin preparing your defence right away.