Assault is not one single criminal charge in Canada.
The different types of assault charges range from common assault under Section 266 of the Criminal Code to aggravated assault under Section 268.
Separate offences may apply when an allegation involves a weapon, bodily harm, choking, a peace officer, or conduct of a sexual nature.
The charge that may be laid depends on what allegedly happened, whether a weapon was involved, the extent of any injuries, the identity of the complainant, and the available evidence.
An assault charge may even arise when no physical contact or visible injury occurred.
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Statistics Canada and police-reported crime data commonly classify non-sexual assault as Level 1, Level 2, or Level 3:
These levels are useful reporting categories, but they are not the formal names used in the Criminal Code.
Someone may be charged under a specific Criminal Code section rather than with an offence formally named “Level 1 assault” or “Level 2 assault.”
| Type of assault | Criminal Code section | What may distinguish the charge | Maximum indictable penalty |
| Common assault | 266 | Intentional force, attempted force, or a qualifying threat without a more serious statutory feature | 5 years |
| Assault with a weapon | 267(a) | Carrying, using, or threatening to use a weapon or imitation weapon | 10 years |
| Assault causing bodily harm | 267(b) | The assault causes bodily harm to the complainant | 10 years |
| Assault involving choking, suffocation, or strangulation | 267(c) | The complainant is choked, suffocated, or strangled during the assault | 10 years |
| Aggravated assault | 268 | Wounding, maiming, disfiguring, or endangering the complainant’s life | 14 years |
| Assaulting a peace officer | 270 | Assault connected to an officer’s duties, an arrest, or another protected legal process | 5 years |
| Assaulting a peace officer with a weapon or causing bodily harm | 270.01 | A weapon or bodily harm is involved | 10 years |
| Aggravated assault of a peace officer | 270.02 | The officer is wounded, maimed, disfigured, or placed in life-threatening danger | 14 years |
| Sexual assault | 271 | An assault of a sexual nature | 10 years in most indictable cases involving a complainant aged 16 or older |
| Sexual assault with a weapon, bodily harm, choking, or another participant | 272 | One or more specified aggravating circumstances accompany the sexual assault | 14 years in most cases; life if the complainant is under 16 |
| Aggravated sexual assault | 273 | The complainant is wounded, maimed, disfigured, or placed in life-threatening danger | Life imprisonment |
Sections 266, 267, and 268 set maximum indictable penalties of five, 10, and 14 years respectively.
Section 267 expressly includes assault involving choking, suffocation, or strangulation.
Maximum penalties are not predictions of the sentence in an individual case.
The possible outcome depends on the charge, how the Crown proceeds, the circumstances of the offence, the accused’s criminal record, and other sentencing factors.
Section 265 of the Criminal Code provides a broader definition of assault than many people expect.
An assault can occur in three ways.
The first form of assault occurs when someone intentionally applies force to another person, directly or indirectly, without that person’s consent.
Potential examples include:
The Crown does not necessarily have to prove that the complainant suffered an injury.
Unwanted intentional contact may support a common assault charge, depending on the circumstances.
Physical contact is not always required.
Assault may also occur when someone attempts or threatens, through an act or gesture, to apply force and has, or causes the complainant reasonably to believe they have, the present ability to carry out the threat.
For example, moving toward someone with a raised fist could potentially support an assault allegation even if no punch is thrown.
The complete context matters, including the words used, the person’s movements, the distance between the parties, and whether the alleged threat could apparently be carried out at that time.
Words alone do not automatically establish assault under this part of Section 265.
There must generally be an accompanying act or gesture and the required actual or apparent present ability to apply force.
A person may also commit assault if they openly wear or carry a weapon or imitation weapon while accosting, impeding, or begging another person.
This part of the definition is less commonly discussed, but it remains one of the ways assault is defined under Canadian law.
No.
Injury is not required for every type of assault charge.
Common assault may arise from unwanted intentional force or a qualifying attempt or threat, even when no visible injury occurs.
Injuries become particularly relevant when determining whether an allegation could support assault causing bodily harm or aggravated assault.
The Criminal Code defines bodily harm as an injury that interferes with a person’s health or comfort and is more than merely temporary or insignificant.
Whether an injury reaches that threshold depends on the evidence and the circumstances.
Medical records, photographs, witness statements, the length of the symptoms, and the treatment received may all be relevant.
The three assault levels are primarily police-reporting and statistical classifications.
The underlying Criminal Code charges are common assault under Section 266, offences under Section 267, and aggravated assault under Section 268.
Level 1 generally refers to common assault under Section 266.
It is also sometimes informally called simple assault.
Common assault can include:
A common assault allegation generally does not include the additional features required for a Section 267 or Section 268 charge, such as the use of a weapon, bodily harm, choking, or life-endangering injuries.
Potential examples could include allegations of pushing someone during an argument, grabbing someone’s clothing, or raising a fist while appearing able to strike.
Common assault is a hybrid offence.
This means the Crown may proceed by indictment or summary conviction.
If prosecuted by indictment, the maximum penalty is five years of imprisonment.
Level 2 generally refers to offences prosecuted under Section 267.
That section covers three forms of assault:
Section 267 is a hybrid offence.
If prosecuted by indictment, it carries a maximum sentence of 10 years.
Assault with a weapon may be alleged when a person carries, uses, or threatens to use a weapon or imitation weapon while committing an assault.
A weapon does not have to be a firearm or knife.
Depending on how it is used or intended to be used, an ordinary object may potentially be treated as a weapon.
Objects involved in assault allegations can include:
Whether an object is legally considered a weapon may depend on its design, intended purpose, how it was carried, and how it was allegedly used.
Assault causing bodily harm applies when an assault results in an injury that interferes with the complainant’s health or comfort and is more than merely transient or trifling.
The Crown must prove both the underlying assault and the required degree of bodily harm.
Relevant evidence may include medical records, photographs, witness statements, emergency calls, and the complainant’s description of their symptoms.
An injury does not necessarily have to be permanent or life-threatening to meet the bodily harm threshold.
However, not every mark, bruise, or temporary discomfort will automatically establish the offence.
The complete evidence must be considered.
Section 267 separately includes assault in which the accused allegedly chokes, suffocates, or strangles the complainant.
The Crown does not have to prove that a weapon was involved or rely solely on the bodily harm portion of the section.
Because this conduct is included in Section 267, it generally falls within the group of offences reported as Level 2 assault.
However, “Level 2 assault by choking” is not the formal name of a separate Criminal Code offence.
Evidence in these cases may include:
Allegations involving choking, suffocation, or strangulation may also affect the bail process.
Since July 15, 2026, charges under Sections 266 to 268 or 271 to 273 in which the accused is alleged to have choked, suffocated, or strangled the complainant are subject to a reverse-onus bail provision.
A reverse onus does not mean the accused will automatically be detained.
It means the accused must demonstrate why detention is not justified and show that the proposed release plan addresses the relevant risks.
Level 3 refers to aggravated assault under Section 268.
A person commits aggravated assault when an assault:
Aggravated assault is the most serious of the three main levels of non-sexual assault.
It is an indictable offence carrying a maximum sentence of 14 years.
It cannot be prosecuted by summary conviction.
A permanent injury is not always required.
Section 268 also applies when an assault endangers the complainant’s life.
The medical evidence, seriousness of the injuries, treatment required, and risk created by the alleged conduct may all be relevant.
The three levels cover many assault allegations, but they are not the only assault-related offences found in the Criminal Code.
Section 270 applies when someone allegedly:
Basic assault of a peace officer is a hybrid offence with a maximum indictable sentence of five years.
Section 270.01 applies when the assault involves a weapon or causes bodily harm.
It carries a maximum indictable sentence of 10 years.
Section 270.02 applies when the assault wounds, maims, disfigures, or endangers the life of a peace officer.
It carries a maximum sentence of 14 years.
The Crown must still prove the required elements of the offence.
Depending on the charge, this may include proving the officer was acting in the execution of their duties or that the assault was connected to resisting a lawful arrest.
The general definition in Section 265 applies to sexual assault as well as non-sexual forms of assault.
Sexual assault is distinguished by the sexual nature of the contact and the absence of legally valid consent.
The three principal categories are found in Sections 271, 272, and 273.
Section 271 applies to sexual assault that does not include the additional circumstances required under Sections 272 or 273.
When the complainant is aged 16 or older, the maximum penalty is:
The summary-conviction maximum was increased from 18 months to two years less a day effective July 18, 2026.
Different penalties, including statutory minimum penalties, apply when the complainant is under 16.
Section 272 applies when, during a sexual assault, a person:
Section 272 is an indictable offence.
The maximum sentence is generally 14 years.
If the complainant is under 16, the maximum sentence is life imprisonment.
Specific firearm provisions and statutory minimum penalties may also apply.
Section 273 applies when a sexual assault wounds, maims, disfigures, or endangers the life of the complainant.
Aggravated sexual assault is an indictable offence carrying a maximum sentence of life imprisonment.
Section 269 creates the related offence of unlawfully causing bodily harm.
It can apply when someone unlawfully causes bodily harm to another person and the conduct does not fall under another specifically listed offence.
Unlawfully causing bodily harm should not automatically be treated as another name for assault causing bodily harm.
The two offences have different legal elements, and the appropriate charge depends on how the harm was allegedly caused.
Police and Crown prosecutors may consider several factors when determining which type of assault charge applies.
The nature, duration, and amount of force may affect how the conduct is classified.
A brief push and conduct alleged to have created a risk to life may lead to very different charges.
When no contact occurred, the issue may be whether there was an act or gesture amounting to an attempt or threat and whether the accused had an actual or apparent present ability to carry it out.
The type of object, how it was carried, what was said, and how it was allegedly used can affect whether Section 267 may apply.
Medical records, photographs, treatment notes, witness accounts, and testimony may be used to determine whether the alleged injuries amount to bodily harm or support an aggravated assault charge.
An allegation involving choking, suffocation, or strangulation can bring the conduct within Section 267 even when the Crown does not rely on the weapon or bodily harm portions of the section.
This type of allegation can also affect the burden at a bail hearing under the reverse-onus rules that came into force on July 15, 2026.
Separate offences may apply when the complainant is a public or peace officer performing their duties or when the alleged assault is connected to resisting a lawful arrest.
An assault of a sexual nature may be prosecuted under Sections 271, 272, or 273 rather than the general non-sexual assault provisions.
The charge may also depend on:
The initial charge does not determine whether the Crown will ultimately prove the allegation.
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Several types of assault charges are hybrid offences.
These include:
For a hybrid offence, the Crown may elect to proceed by summary conviction or indictment.
The election can affect the court process and the maximum available penalty.
Unless another section provides a different punishment, the general maximum penalty for an offence prosecuted by summary conviction is a fine of up to $5,000, imprisonment for up to two years less a day, or both.
Some offences have their own specific summary-conviction penalties.
Aggravated assault, aggravated assault of a peace officer, sexual assault under Section 272, and aggravated sexual assault are indictable offences.
The applicable maximum penalty may also depend on the law that was in force when the alleged offence occurred.
The availability of a defence depends on the facts, evidence, and specific charge.
A defence that applies in one assault case may not apply in another.
Section 34 of the Criminal Code provides a defence when:
A court may consider factors such as:
Self-defence does not mean that any amount of responsive force is automatically lawful.
The response must be assessed in its full context.
The intentional application of force is part of the assault definition under Section 265(a).
Contact that was genuinely accidental may not meet this part of the offence.
However, the Crown may rely on other evidence or another part of the assault definition.
The complete circumstances must be considered.
Words alone do not automatically establish assault under Section 265(b).
The Crown must prove an attempt or threat by an act or gesture, along with the required present ability or reasonable belief in that ability.
Certain statements may instead support an allegation of uttering threats if they involve a qualifying threat to cause death or bodily harm, damage property, or harm an animal belonging to another person.
The absence of consent is part of the basic assault definition.
Section 265 also provides that consent is not obtained when a complainant submits or does not resist because of force, threats, fear, fraud, or the exercise of authority.
Consent can be legally complex.
Agreeing to physical contact does not necessarily provide a defence in every case.
Canadian courts have placed limits on consent to intentionally caused bodily harm during a fight.
It should not be assumed that agreeing to fight automatically prevents an assault conviction.
Some cases turn on whether the accused was the person who committed the alleged act.
Surveillance footage, photographs, witness testimony, location information, and digital records may be relevant to identity.
The reliability of the evidence may also be disputed.
A defence may examine:
The Crown must prove every element of the offence beyond a reasonable doubt.
Depending on how the investigation and arrest occurred, Charter issues may arise concerning detention, searches, statements, access to counsel, or the collection of evidence.
A Charter breach does not automatically result in evidence being excluded or a charge being dismissed.
The remedy depends on the nature of the breach and the applicable legal test.
An assault charge is an allegation, not a finding of guilt.
The Crown must prove each element of the offence beyond a reasonable doubt.
After being charged, consider taking the following steps.
Conditions may restrict contact, communication, travel, alcohol use, weapons, or access to certain locations.
Breaching a release condition can result in another criminal charge, even when the original assault allegation has not been decided.
A no-contact condition may prohibit both direct and indirect communication.
This can include communication through:
The complainant generally cannot give the accused permission to disregard a court order.
The condition remains in effect unless it is formally changed or removed.
Save any evidence that may help establish what happened, including:
Avoid editing, deleting, or adding information to the original records.
Social media posts, comments, photographs, and private messages may become evidence. Even a post that does not directly mention the complainant could potentially affect the case.
Attempting to persuade a witness to change their account or avoid speaking with police could lead to additional allegations.
The strength of the Crown’s case cannot be determined from the name of the charge alone.
Disclosure may include police notes, witness statements, recordings, photographs, medical evidence, and other materials.
Reviewing that evidence can help identify the legal and factual issues in the case.
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The different types of assault charges carry different legal elements, procedures, and potential penalties.
The name of the charge does not show the complete strength of the Crown’s case or determine the eventual outcome.
A review of the disclosure may identify issues involving intent, consent, self-defence, identification, witness reliability, injury evidence, Charter rights, or whether the alleged conduct meets the legal requirements of the charge.
People facing an assault charge in Calgary, Alberta, can contact Browne Criminal Defence to discuss the allegation, their release conditions, and the next steps in the criminal court process.
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Statistics Canada and police reporting commonly classify common assault under Section 266 as Level 1, offences under Section 267 as Level 2, and aggravated assault under Section 268 as Level 3.These are reporting categories rather than the formal names used in the Criminal Code.
Aggravated assault is the most serious of the three main non-sexual assault levels. It is an indictable offence carrying a maximum sentence of 14 years. Aggravated sexual assault carries a maximum sentence of life imprisonment.
Yes. Assault can include attempting or threatening, through an act or gesture, to apply force when the accused has, or causes the complainant reasonably to believe they have, the present ability to carry out the threat. Physical contact and injury are not required in every assault case.
There is no standalone Criminal Code offence called “verbal assault.” Words may form part of an assault allegation when combined with an act or gesture and an actual or apparent present ability to apply force. Certain statements may instead lead to an allegation of uttering threats.
Canada does not separate assault and battery in the same way as some jurisdictions in the United States.The Canadian definition of assault includes intentional physical force as well as certain attempts or threats to apply force. Conduct that may be called “battery” elsewhere is addressed through Canada’s assault provisions.
It can be. Under Section 265 of the Criminal Code, assault includes intentionally applying force to another person, directly or indirectly, without their consent. Throwing water at someone may therefore support an assault charge even if it does not cause an injury. Whether the allegation is proven will depend on factors such as intent, consent, the surrounding circumstances, and the available evidence. An accidental spill would generally lack the intentional application of force required for assault.
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