Assault is one of the most commonly laid criminal charges in Ontario, and one of the most misunderstood. The word covers a wide range of conduct, from a single push during an argument to an incident involving a weapon or serious injury, and the way a case is handled depends heavily on which category it falls into. If you or someone you know has been charged with assault in Mississauga or the surrounding area, this page walks through the basics and points you toward more detailed information for your specific situation.
What Counts as Assault Under the Criminal Code
Assault is defined as intentionally applying force to another person without their consent, or attempting or threatening to do so where the other person has reasonable grounds to believe the threat could be carried out. Notably, an assault charge does not require an injury to have occurred. A push, a grab, or a credible threat can be enough to support a charge on its own.
What varies from case to case is the surrounding context: whether a weapon was involved, whether anyone was hurt, and the relationship between the people involved. That context is what determines which specific charge is laid and how seriously the courts treat it.
Common Types of Assault Charges
A few of the more common categories include:
Simple assault — the base offence described above, with no weapon and no significant injury.
Assault with a weapon — where an object is used or displayed during the incident, addressed under the Criminal Code section 267(a).
Assault causing bodily harm — where the assault results in an injury, addressed under Criminal Code section 267(b). If you are trying to understand how this differs from aggravated assault specifically, see our detailed comparison of assault causing bodily harm and aggravated assault.
Two situations deserve their own separate explanation rather than a summary here. If your charge arose from an incident involving a spouse, partner, or family member, the process and considerations are different enough that we cover it on our dedicated domestic assault charges page. And if you acted to protect yourself or someone else, our page on self-defence and the use of force explains how that defence is assessed under Canadian law.
How These Charges Are Typically Investigated
Assault investigations often move quickly, particularly where police attend the scene directly or where a complaint is made shortly after the incident. Statements from those involved and any witnesses are usually central to the case, along with any available video, medical records where an injury is alleged, or photographs. Because so much can turn on differing accounts of the same event, an early, accurate record of what actually happened matters a great deal.
Building a Defence Strategy
There is no single defence that applies to every assault charge, since so much depends on what actually happened and what the evidence can establish. In general terms, a proper defence involves closely reviewing the Crown’s evidence, including witness statements and any video, assessing whether the facts actually meet the legal definition of the offence charged, and identifying whether a recognized defence, such as self-defence, may apply. This section is intentionally general rather than predictive of outcomes; please review it and add anything about your own approach you are comfortable standing behind publicly.
When to Contact a Criminal Lawyer
If you have been charged with assault, or believe you may be, speaking with a lawyer as early as possible gives you the most options. This is true even before your first court date: how the case is approached from the outset can affect everything that follows.
Contact Aswani K. Datt for a confidential consultation to discuss your situation and understand the process ahead.