Affordable Ottawa Assault Defence Lawyers

Affordable Assault Defence Lawyers in Ottawa Ontario

If you’ve been charged with assault in Ontario, the consequences can be serious—ranging from fines and probation to jail time and a permanent criminal record. But not every accusation leads to a conviction. With the right legal strategy, many assault charges can be reduced or dismissed.

At Affordable Defence in Ottawa, our top-rated & experienced criminal defence lawyers understand that assault allegations often stem from misunderstandings, heated arguments, or false accusations. We know what’s at stake—and how to fight back.

We will assess the strength of the evidence against you, challenge the prosecution’s case, and work toward the best possible outcome. Protect your rights and your future—contact us today for a free consultation.

What is considered assault in Ontario?

Under Section 265 of the Criminal Code of Canada, assault is more than just physical violence.

Actions that can lead to an assault charge in Ontario

In Ontario, you can be charged with assault if you:

  • Intentionally apply force to another person without their consent—whether directly or indirectly.
  • Attempt or threaten to apply force through actions or gestures that cause the other person to reasonably believe you can carry it out.
  • Accost or impede someone while openly carrying a weapon (or imitation weapon), including begging or threatening conduct while armed.

No physical injury is required for an assault charge. Even minor contact, verbal threats, or intimidation with a weapon can result in serious legal consequences.

Common types of assault charges

Assault is further broken down into several different types, depending on the circumstances, as follows:

If a person applies force upon another person but no injury occurs or it is only a scratch or bruise, it is likely to result in no more than a charge of common assault, which is the lowest grade.

Such force is usually applied from a person’s hands, legs or feet only.

Aggressive acts, gestures or words towards another person or people that you share a relationship with can be charged as domestic assault. This includes other family members, a spouse, a common-law partner or even a dating partner.

Matters of domestic assault are regarded as more serious than simple assault. Little sympathy is shown towards perpetrators of domestic violence and the bail conditions usually prevent the accused from returning home or having any contact with the family members concerned.

Sexual assault is also considered more serious than simple assault. Non-consensual sexual contact of any kind is a violation of the other person’s integrity and rights.

The investigators, prosecutors, and the court will consider the following factors in sexual assault cases:

  • The area of the body touched
  • The nature of the contact
  • The situation in which the incident occurred
  • The words and gestures accompanying the act
  • Any threats or force that was used

It is worth noting that in Ontario, a spouse may be charged with sexual assault on the other spouse.

If a significant physical injury has occurred from an assault (i.e., not transient or trifling in nature), a charge of assault causing bodily harm may be filed.

Jail time is more likely for an assault of this nature.

Assault with a weapon involves the application of force with an inanimate object. This needn’t be a gun or a knife – it can include a stick, bat or projectile, for example.

Aggravated assault charges are normally filed when an injury is more substantial than one caused by an assault causing bodily harm.

Specifically, if a person is wounded, maimed, disfigured or their life is endangered, it may result in an aggravated assault charge. A conviction can lead to significant jail time.

Do you need to injure someone to be charged with assault in Ontario?

Physical harm is not required for an assault charge in Ontario

You can be charged with simple assault even if no one is physically injured. According to Canadian law, assault includes any intentional use of force—or threat of force—against another person without their consent.

This means that:

  • A push, shove, or pinch may qualify as assault, even if it leaves no mark.
  • A verbal threat combined with a physical gesture could also result in charges if the other person believes harm is imminent.

What matters is the intentional act and the lack of consent—not whether actual injury occurred.

What happens if you accidentally strike someone?

Intent is a key element of an assault charge so if the physical contact is an accidental or reflex action, no charge can be filed.

It can be difficult to convict someone who is accused of assault in a crowded area, like a bus or sports arena, as the contact can be presented as accidental.

What are the main defences for assault charges?

The two main defences to an assault charge are:

For a conviction, the application of force must be without the consent of the party allegedly assaulted. It can be challenging to prove that consent was given or implied but it does depend on the situation and social circumstances.

For instance, touching someone in a certain way at a party might be more tolerated than on a public bus.

If a person uses “reasonable” force in response to provocation, to protect either themselves, a close family member or property, it can be a valid defence.

The response must be in proportion to the provocation or it is not a valid defence.

Penalties for assault charges in Ontario

Skilled and Affordable Assault Defense Attorneys in Ottawa, Ontario

Assault charges in Ontario can lead to serious legal consequences, including jail time and a permanent criminal record.

Penalties for assault charges in Ontario depend on severity

The penalties depend on the type of assault and how the case is prosecuted.

  • Simple assault may be prosecuted as a summary offence, with a maximum sentence of two years less a day.
  • If prosecuted as an indictable offence, the penalty can increase to up to five years in prison.
  • Assault causing bodily harm can result in a prison sentence of up to 10 years.
  • Aggravated assault, the most serious form, carries a maximum penalty of 14 years in prison.

In addition to imprisonment, any conviction can lead to a criminal record, which may impact employment, travel, and immigration status for years to come.

Get Experienced Legal Help for Assault Charges in Ottawa

After reviewing your case, our legal team will assess whether there is a path to having the charges withdrawn or dismissed. If that’s not possible, we’ll explore alternative outcomes—such as a conditional discharge or diversion program—to help you avoid a criminal conviction, especially if you have no prior record.

At Affordable Defence in Ottawa, our experienced assault defence lawyers know how to challenge weak evidence, negotiate with Crown prosecutors, and fight for your rights in court.

Don’t face an assault charge alone. Contact us today for a free, confidential consultation and take the first step toward protecting your future.

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