Peace bond
2025 · Assault ×4, threats, bodily harm
R. v. S, B
An 11(b) delay application citing more than 20 months of late Crown disclosure ended in a peace bond and no conviction.
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Bodily harm is one step up from simple assault. Confirm which count is actually on your information.
2025 · Assault ×4, threats, bodily harm
An 11(b) delay application citing more than 20 months of late Crown disclosure ended in a peace bond and no conviction.
Assault ×3
After a marital separation, cross-examination exposed inconsistencies in the complainant's account. All three charges were dismissed at trial.
Assault with a weapon ×2, assault
Resolution with the Crown produced a full withdrawal on a peace bond, with no criminal record and no trial.
Our legal team is ready to review your case. Call and speak directly with a lawyer.
Speak to a lawyerThe severity of an assault charge depends on the injury caused, whether a weapon was used, and the relationship between the accused and the complainant. The Criminal Code sets out three tiers.
Assault (s. 266): the intentional application of force without consent. No injury is required. Maximum five years by indictment.
Assault causing bodily harm (s. 267(b)): the assault causes hurt or injury that interferes with health or comfort and is more than transient or trifling. Maximum 10 years by indictment.
Aggravated assault (s. 268): the assault wounds, maims, disfigures, or endangers the life of the complainant. It is a straight indictable offence with a maximum of 14 years. If you have also been charged with aggravated assault, it will carry a harsher penalty than assault causing bodily harm because it is the more serious charge.
The line between these tiers is often the real fight in the case. Medical records, photographs taken at different times, and the complainant's own description of recovery can all support an argument that the injury was transient, or that the count should be reduced to common assault.
Upon arrest, the police have the discretion to release you on an undertaking with conditions, such as no contact with the complainant. When the injuries are serious, or the complainant is a partner or family member, the police will usually hold the accused for a bail hearing, which must take place within 24 hours.
At the bail hearing, the Crown may seek detention or ask for strict conditions: no contact directly or indirectly with the complainant, not to attend their home or workplace, no weapons, and often a surety. A lawyer who attends the hearing with a prepared release plan gives you the best chance of being released on the fewest conditions. Breaching a condition is a separate criminal charge and makes the original file harder to resolve.
The available defences depend on the facts, but the following are the most common.
Self-defence (s. 34): you are not guilty if you believed on reasonable grounds that force was being used or threatened against you, you acted to protect yourself, and your response was reasonable in the circumstances. The nature of the threat, the size of the parties, and whether there were other options are all relevant.
Consent: consent can be a defence to a simple assault, such as a consensual fight. Following R. v. Jobidon, however, a person cannot consent to the intentional infliction of serious bodily harm in a fist fight, so this defence is limited where the injuries are significant.
The injury does not meet the threshold: if the Crown cannot prove that the hurt was more than transient or trifling, the proper verdict is common assault, not assault causing bodily harm.
Causation and identity: the Crown must prove that your act caused the injury and that you were the person who applied the force. Pre-existing injuries, injuries caused by a fall or a third party, and unreliable identification evidence all raise reasonable doubt.
Charter applications: statements taken without proper access to counsel, unlawful searches of phones, and unreasonable delay under s. 11(b) can result in evidence being excluded or the charge being stayed.
Not necessarily. Because there is no mandatory minimum, the full range of sentences is available for a first offender, including a conditional discharge, a suspended sentence with probation, or a conditional sentence. Jail becomes a real possibility when the injuries are serious, a weapon was used, the complainant was vulnerable, or the assault occurred in a domestic context.
Where the Crown's case is strong, the goal is often a resolution that avoids a criminal record: a withdrawal on completion of counselling, a peace bond under s. 810, or a plea to common assault with a discharge. Where the case is weak, the file should be set for trial. A criminal lawyer will assess the strength of the evidence against you before recommending either path.
If you are charged with an offence, it is important to contact a criminal defence lawyer immediately. A criminal lawyer can help you navigate the criminal court process and ensure your rights are protected at every step. Although you are not required to retain a criminal lawyer, having one can greatly assist you in understanding your rights and help you avoid a criminal record.
The criminal court process can be complex and confusing, especially if you have no prior experience with the courts. A criminal lawyer will protect your rights by making procedural and evidentiary decisions. They can also help build a defence and assess the strength of the evidence against you.
If you have been charged with assault causing bodily harm, contact an experienced criminal lawyer for a consultation. Call 416-502-8555.
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