Ottawa Assault Lawyer

A single altercation, a bar fight, a road-rage incident or a dispute between neighbours can lead to an assault charge that puts your record and your future at risk. A conviction can mean jail, probation and a permanent criminal record. Brett McGarry is an Ottawa criminal defence lawyer who defends people charged with assault and works to protect your rights at every stage of the case.

Call 613-884-8576 for a free 30-minute consultation.

What Is Assault Under Canadian Law?

Assault is defined in section 265 of the Criminal Code. A person commits assault when they intentionally apply force to another person without consent, when they attempt or threaten by an act or gesture to apply force and appear able to carry it out, or when they accost or impede another person while openly carrying a weapon or an imitation. The force must be intentional, so an accident or reflex is not an assault.

Do you have to injure someone to be charged?

No. No injury is required. Unwanted physical contact, or even a threatening gesture that puts someone in fear, can support an assault charge.

Types of Assault Charges in Ontario

• Common assault (s. 266). A hybrid offence. On summary conviction the maximum is two years less a day, and by indictment the maximum is five years.
• Assault with a weapon (s. 267(a)). Where a weapon, an imitation, or any object used as a weapon is involved. The maximum by indictment is 10 years.
• Assault causing bodily harm (s. 267(b)). Where the complainant suffers harm that is more than minor or fleeting. The maximum by indictment is 10 years.
• Aggravated assault (s. 268). Where the complainant is wounded, maimed, disfigured or their life is endangered. The maximum is 14 years.
• Assaulting a peace officer or resisting arrest (s. 270). A separate offence that often accompanies other charges.

Penalties and Consequences of an Assault Conviction

Beyond any jail or probation, an assault conviction creates a permanent criminal record that can affect employment, your ability to enter the United States, and, for non-citizens, immigration status. A conviction can also bring a weapons prohibition. In some cases the court can grant an absolute or conditional discharge under section 730, which avoids a registered conviction. Being charged is not the same as being convicted, and the Crown must prove the case beyond a reasonable doubt.

Common Defences to Assault Charges

Self-defence (s. 34)

Self-defence is one of the most common defences. Under section 34, the question is whether you reasonably believed force or a threat of force was being used against you or another person, whether you acted in order to defend yourself, and whether your response was reasonable in the circumstances. Courts weigh factors such as the nature and imminence of the threat, whether other options were available, the size, age and relative strength of the people involved, whether a weapon was present, and your role in the incident.

Consent and its limits

The absence of consent is part of the offence. Consent can be relevant where two people agreed to a physical contest, but it has limits. The Supreme Court has held that a person cannot consent to serious bodily harm that is intentionally inflicted in a fight, so consent is not a complete answer in every case.

Lack of intent, accident, identity and Charter issues

Other defences include a lack of intent or an accidental contact, mistaken identity, unreliable or inconsistent witnesses, and breaches of your Charter rights during the arrest or investigation that can lead to evidence being excluded.

What Happens After an Assault Arrest in Ottawa

After an arrest you may be released by the police on an undertaking or held for a bail hearing. Release conditions often include having no contact with the complainant and staying away from certain places. Assault charges in Ottawa are dealt with at the courthouse at 161 Elgin Street, beginning with a first appearance, followed by disclosure of the Crown’s evidence and, if needed, a trial. Getting advice early helps you make good decisions about your release conditions and your defence.

How an Ottawa Assault Lawyer Can Help

Brett McGarry reviews the entire prosecution file, including witness statements, police notes, and any video or medical evidence, and analyzes the case from every angle. Where appropriate, we negotiate with the Crown, pursue diversion or a resolution that avoids a record, and prepare your case thoroughly for trial. See the Track Record for examples of recent results.

Areas We Serve Across Ottawa

Brett McGarry represents clients charged with assault who live or work throughout Ottawa, from the downtown core to the west end around Kanata and Nepean and the east end in Orléans and Gloucester. All Ottawa assault charges proceed at the Elgin Street courthouse, and we assist clients in English and French.

Assault FAQ

What counts as assault in Ontario?

Intentionally applying force to another person without their consent, or threatening to do so by an act or gesture while appearing able to carry it out. No injury is required.

Can I be charged with assault if no one was injured?

Yes. Injury is not required. Unwanted contact or a threatening gesture can be enough for a charge.

What is the difference between assault, assault causing bodily harm, and aggravated assault?

Common assault under section 266 involves no or minor harm. Assault causing bodily harm under section 267 involves harm that is more than minor. Aggravated assault under section 268 involves wounding, maiming, disfigurement or danger to life, and carries the highest penalty.

Is self-defence a valid defence to an assault charge?

Yes. Under section 34, if you reasonably believed force was being used against you, acted to defend yourself, and your response was reasonable in the circumstances, self-defence can apply.

Can assault charges be dropped or withdrawn?

Only the Crown prosecutor can withdraw a charge, not the complainant. Depending on the evidence, charges can be withdrawn or resolved through negotiation, or challenged at trial.

Will an assault charge give me a criminal record?

A charge is not a conviction. If you are convicted you will have a record, but in some cases a discharge under section 730 avoids a registered conviction.

Do I need a lawyer for a simple assault charge in Ottawa?

Even a common assault charge carries real consequences, including a record. A lawyer can review the evidence, protect your rights, and look for a resolution that avoids a conviction.

Free Consultation

If you have been charged with assault in Ottawa, contact Brett McGarry for a free, no-obligation consultation. Call 613-884-8576 or contact us online.

For more questions about assault charges in Ottawa, see our criminal law FAQ.

This page provides general information about the law in Ontario and is not legal advice. Every case depends on its own facts, and past results do not guarantee future outcomes.