Criminal Law

Assault

Defending assault allegations, from simple assault to aggravated charges.

Assault charges in Toronto

An assault charge can cover a wide range of circumstances, from a simple street fight to more serious incidents causing bodily harm or even death.

Depending on the circumstances that led to the charge, it is crucial that your lawyer takes a personalized approach. No case is insignificant: even a simple assault charge can affect your life and your future.

Your lawyer must know the law and represent you zealously, without compromise. Sarbazevatan Law takes pride in the results it achieves; helping you is not only our business, it is our reputation, and how we help defines who we are. Call today to discuss your matter with Sourena Sarbazevatan, a criminal lawyer with a strong record of results.

Types of assault charges in Ontario

Assault covers a spectrum of offences under the Criminal Code of Canada. The most common are simple assault (section 266), assault with a weapon or assault causing bodily harm (section 267), and aggravated assault (section 268), which involves wounding, maiming, or endangering someone's life. Related charges such as assaulting a peace officer or uttering threats are often laid alongside an assault allegation. The exact section you are charged under has a direct impact on the penalties you face and the way your defence is built.

Penalties for assault

Penalties vary widely depending on the charge and the circumstances. A summary conviction for simple assault can carry a fine or a shorter jail term, while indictable offences such as aggravated assault carry maximum penalties of up to 14 years in prison. A judge weighs factors such as the degree of harm, whether a weapon was involved, any prior record, and whether the complainant was vulnerable. Even where jail is avoided, a conviction leaves a criminal record that can affect your employment, travel, and immigration status for years.

Possible defences to an assault charge

Every case turns on its own facts, but a number of defences are frequently available. Often the strongest strategy is to challenge the reliability of the complainant's account or the sufficiency of the Crown's evidence. Sourena Sarbazevatan carefully reviews the police notes, witness statements, video footage, and medical records to find the weaknesses in the case against you. Common defences include:

  • self-defence or defence of another person
  • consent, where it applies, such as a consensual fight or a contact sport
  • no intent to apply force
  • mistaken identity, where the wrong person was charged
  • insufficient, inconsistent, or unreliable evidence

Assault and domestic allegations

Many assault charges arise from disputes between partners or family members. Police and prosecutors treat these cases seriously, and they often come with release conditions that keep you away from your home and family for weeks or months. If your charge involves a domestic allegation, review our page on domestic violence and speak with a lawyer before you agree to any conditions or say anything to police.

Consequences of an assault conviction

Beyond any fine or jail sentence, an assault conviction leaves a permanent criminal record that can follow you for years. It can cost you a job or a promotion, complicate travel to the United States and elsewhere, affect professional licences, and create real difficulties for anyone whose immigration status is not yet secure. It can also carry weight in any related family court matter. For many clients, protecting their record is just as important as avoiding jail, and it guides the strategy from the very start.

The court process for an assault charge

Most assault charges begin in the Ontario Court of Justice. After you are charged, the Crown provides disclosure, the evidence it intends to rely on, which we review closely for weaknesses. From there, a case may resolve through negotiation, proceed to trial, or be resolved on terms that protect your record, such as a peace bond or diversion in the right circumstances. Knowing what to expect at each stage, and what to say and not say to police in the meantime, is one of the main reasons that getting advice early so often improves the outcome.

First steps if you have been charged

If you have been charged with assault, a few early steps can make a real difference. Exercise your right to remain silent and avoid discussing the incident with police, the complainant, or on social media, as those words can become evidence. Write down your own account and the names of any witnesses while your memory is fresh. Follow every release condition exactly, even ones that feel unfair, because a breach is a separate charge. Most importantly, speak with a lawyer before your first court date, so your defence is shaped from the start rather than after key decisions have already been made.

Why choose Sarbazevatan Law

An assault charge can affect your freedom, your record, and your reputation, and the lawyer you choose matters. Sourena Sarbazevatan prepares each case thoroughly, represents clients zealously, and has a strong record of results. He serves the Iranian and Persian communities, with consultations in Persian as well as English, so you can explain your side fully and understand every decision. Call today to discuss your matter and protect your future.

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