Simple Assault:

Important Things to Know About Simple Assault Charges

• Simple assault does not require serious injury.
• A person can be charged even if no physical injury occurred.
• Simple assault is commonly prosecuted under section 266 of the Criminal Code.
• Many simple assault charges are hybrid offences.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record, probation, fines, or jail in some circumstances.
• Possible defences may include self-defence, defence of another person, mistaken identity, accidental contact, consent where legally available, or lack of proof.

What Is Simple Assault?

Simple assault generally refers to an assault allegation that does not involve a weapon, bodily harm, or aggravated injury.  It is often used to distinguish basic assault allegations from more serious assault-related offences.

Simple assault may involve:

• Pushing
• Grabbing
• Shoving
• Slapping
• Punching
• Unwanted physical contact
• Attempting to apply force
• Threatening conduct that causes another person to reasonably believe force may be used

Whether conduct amounts to simple assault depends on the facts, the evidence, and the legal definition of assault under the Criminal Code.

Criminal Code Section

Simple assault is addressed through sections 265 and 266 of the Criminal Code of Canada.

• Section 265 – definition of assault
• Section 266 – assault

Most simple assault charges proceed under section 266, which applies where the allegation does not involve a weapon, bodily harm, or aggravated injury.

What Must the Crown Prove?

To obtain a conviction, the Crown prosecutor must prove every essential part of the charge beyond a reasonable doubt.

Depending on the circumstances, the Crown may need to prove:

• The identity of the accused person
• That force was intentionally applied, attempted, or threatened
• That the complainant did not consent to the conduct
• That the accused person had the required intent
• That the conduct meets the legal definition of assault
• That no defence creates a reasonable doubt

If the evidence leaves a reasonable doubt, the accused person cannot be found guilty.

Common Situations Leading to Simple Assault Charges

• Arguments between friends or acquaintances
• Neighbour disputes
• Bar or restaurant incidents
• Public disagreements
• Workplace conflicts
• Sporting events
• School, college, or university incidents
• Relationship disputes
• Misunderstandings involving physical contact

Many simple assault cases involve conflicting accounts of what occurred and often depend heavily on witness credibility and available evidence.

Possible Penalties for Simple Assault

The possible penalties depend on the facts of the case, the accused person's history, the Crown's position, and the final outcome.

• Criminal record
• Probation
• No-contact conditions
• Fines
• Community service
• Counselling requirements
• Restitution orders
• Travel restrictions
• Employment consequences
• Immigration consequences for non-citizens
• Jail in some circumstances

Simple Assault and No-Contact Conditions

Many simple assault cases involve release conditions or court orders that restrict communication with the complainant.

These conditions may prohibit direct or indirect contact through phone calls, text messages, social media, email, or other methods.

Breaching a condition can result in additional criminal charges and should be avoided.

Simple Assault vs Other Assault Charges

Simple assault is generally considered the least serious assault-related offence.  Other assault charges involve additional circumstances that may increase the seriousness of the allegation.

• Domestic Assault – allegations involving spouses, partners, former partners, or family members
• Assault Causing Bodily Harm – allegations involving injuries that interfere with health or comfort
• Assault with a Weapon – allegations involving a weapon
• Aggravated Assault – allegations involving serious injury or danger to life

For an overview of all related offences, visit the Assault & Violent Offences page.

Possible Defences to a Simple Assault Charge

Possible defences depend on the specific facts and evidence.

• The assault did not occur
• The accused person was not involved
• The contact was accidental
• The complainant consented, where legally available
• The accused person acted in self-defence
• The accused person acted in defence of another person
• The evidence is unreliable or inconsistent
• The Crown cannot prove the charge beyond a reasonable doubt
• Witness credibility is in dispute
• Charter issues affect the admissibility of evidence

Court Process for a Simple Assault Charge

1. Police investigation or arrest
2. Charge being laid
3. Release from custody or bail process, where required
4. Release conditions or court conditions
5. First court appearance
6. Disclosure review
7. Resolution discussions
8. Pre-trial proceedings, where required
9. Trial preparation
10. Trial or negotiated resolution
11. Sentencing, if applicable

Frequently Asked Questions About Simple Assault

Can I be charged with simple assault if nobody was injured?

Yes.  Physical injury is not required for a simple assault charge.

Is simple assault a criminal offence?

Yes.  A conviction may result in a criminal record and other consequences.

Can a simple assault charge be withdrawn?

Some charges may be withdrawn, resolved through diversion, peace bond, or another resolution depending on the circumstances.

Will I get a criminal record?

A conviction may result in a criminal record.  The outcome depends on the charge, facts, and resolution.

Can I contact the complainant?

Not if a release condition, bail condition, or court order prohibits contact.

Can self-defence apply?

Yes.  Self-defence may be available depending on the circumstances and evidence.

Can simple assault affect employment?

A charge or conviction may affect employment, licensing, background checks, and future opportunities.

Related Criminal Law Topics

• Assault
• Domestic Assault
• Assault Causing Bodily Harm
• Assault with a Weapon
• Aggravated Assault
• Assault & Violent Offences

Don't See Your Charge Listed?

The charges discussed on this website cover many common criminal offences in Ontario, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Simple assault is one of the most common criminal charges.
• Physical injury is not required for a simple assault charge.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction can result in a criminal record and other consequences.
• Release conditions and no-contact orders must be followed carefully.
• Possible defences depend on the facts, evidence, and legal issues involved.
• Simple assault is different from domestic assault, assault causing bodily harm, assault with a weapon, and aggravated assault.

Conclusion

Simple assault charges in Ontario can arise from a wide range of situations and should not be dismissed simply because the allegation appears minor.  Even where no injury occurred, a conviction can have lasting consequences for employment, travel, licensing, immigration status, and future opportunities.

Understanding the allegations, reviewing disclosure, complying with court conditions, and considering the available legal options can help a person make informed decisions throughout the court process.

Every case is unique.  The facts, evidence, witnesses, and legal issues involved will influence how the matter proceeds and what outcomes may be available.