What is the maximum sentence for aggravated assault in Ontario?

The maximum sentence for aggravated assault under section 268 of the Criminal Code is 14 years imprisonment. There is no mandatory minimum sentence for aggravated assault (unlike some firearms offences), but jail is the normal starting point in sentencing. The actual sentence depends on factors including the severity of the injuries, whether a weapon was used, the relationship between the parties, the offender's criminal record, and any mitigating circumstances such as provocation or mental health issues. First offenders in less serious cases may receive sentences in the range of 12 to 36 months, while serious cases involving weapons or vulnerable victims can result in sentences of 5 years or more.

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

Assault causing bodily harm under section 267 involves injuries that interfere with the complainant's health or comfort in a way that is more than merely transient or trifling — broken bones, significant bruising, concussions, and cuts requiring stitches all qualify. Aggravated assault under section 268 requires a higher threshold: the assault must wound, maim, disfigure, or endanger the life of the complainant. The distinction often comes down to the severity and permanence of the injuries. A broken jaw is bodily harm; a stabbing that causes life-threatening blood loss is aggravated assault. The penalty difference is significant — section 267 carries a maximum of 10 years, while section 268 carries a maximum of 14 years.

Can aggravated assault charges be withdrawn?

Yes — aggravated assault charges can be withdrawn by the Crown if the evidence does not support a reasonable prospect of conviction. Common reasons for withdrawal include identification issues (the Crown cannot prove the accused was the person who committed the assault), credibility problems with key witnesses, or Charter violations that result in evidence being excluded. In R v. M.F., the charge of aggravated assault was withdrawn in Milton after the commencement of the preliminary inquiry when the Crown chose not to proceed to a jury trial. The strength of the evidence — not the severity of the charge — determines whether the Crown can sustain a prosecution.

Is aggravated assault always an indictable offence?

Yes — aggravated assault is a straight indictable offence. Unlike simple assault or assault causing bodily harm, which are hybrid offences (meaning the Crown can elect to proceed summarily or by indictment), aggravated assault can only be prosecuted as an indictable offence. This means the accused has the right to elect their mode of trial: trial by judge alone in the Ontario Court of Justice, trial by judge alone in the Superior Court, or trial by judge and jury in the Superior Court. The choice of trial venue is a strategic decision that should be made with the advice of an experienced criminal defence lawyer.

Can you get bail on an aggravated assault charge?

Bail is available for aggravated assault charges, but the Crown will typically oppose release vigorously — particularly where the injuries are severe, the accused has a criminal record for violence, or there are concerns about witness safety. The accused must show on a balance of probabilities that they will attend court, will not commit further offences, and that their detention is not necessary to maintain public confidence in the justice system. A strong bail plan — including a suitable surety, a plan of supervision, and appropriate conditions — is essential. Having a criminal defence lawyer at the bail hearing significantly improves the prospects of release.

What does 'endangers the life' mean under section 268?

The phrase 'endangers the life' means the injuries caused by the assault created a real risk of death, even if the complainant ultimately survived and recovered. Courts assess this based on the nature of the injuries and the medical evidence — stab wounds to the torso, severe head trauma, strangulation causing loss of consciousness, and internal bleeding have all been found to endanger life. The Crown does not need to prove that death was imminent or that the complainant was clinically near death — only that the injuries, objectively assessed, posed a genuine danger to life.

What is a dangerous offender application?

A dangerous offender application under section 753 of the Criminal Code allows the Crown to seek an indeterminate sentence — essentially imprisonment with no fixed release date — for offenders convicted of serious personal injury offences, including aggravated assault. The Crown must prove that the offender constitutes a threat to the life, safety, or physical or mental well-being of others, based on a pattern of repetitive behaviour, aggressive behaviour, or brutal conduct. Dangerous offender applications are rare and reserved for the most serious repeat violent offenders. If designated, the offender is sentenced to an indeterminate term in a federal penitentiary and can only be released by the Parole Board of Canada.

Aggravated Assault Charges

Q: What defences apply to aggravated assault?

The most common defences to aggravated assault include self-defence under section 34 of the Criminal Code, identification (challenging whether the accused was the person who committed the assault), and disputing whether the injuries meet the legal threshold of section 268. Self-defence requires showing that the accused believed on reasonable grounds that force was being used or threatened against them and that their response was reasonable in the circumstances. Identity defences arise frequently in group altercations or incidents without clear video evidence. In R v. A.J., the accused was discharged at preliminary inquiry in a swarm assault case because the judge found insufficient evidence that the accused was involved rather than merely present at the scene.

What Is Aggravated Assault?

Aggravated assault is defined in section 268(1) of the Criminal Code:

“Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant.”

This is the most serious assault offence short of attempted murder. It is a straight indictable offence — meaning the Crown cannot elect to proceed summarily. The maximum penalty is 14 years imprisonment, and jail is the normal starting point at sentencing.

The key words — wounds, maims, disfigures, endangers life — each describe a different type of serious injury. “Wounds” means breaking the skin (stab wounds, deep lacerations). “Maims” means disabling a body part. “Disfigures” means causing lasting changes to appearance (scarring, loss of teeth). “Endangers life” means the injuries created a genuine risk of death, even if the complainant survived.

How Aggravated Assault Differs from Other Assault Charges

The Criminal Code creates a hierarchy of assault offences, each with increasing severity:

Offence	Section	Maximum	Type
Assault	s. 266	5 years	Hybrid
Assault with weapon / causing bodily harm	s. 267	10 years	Hybrid
Aggravated assault	s. 268	14 years	Straight indictable

The dividing line between assault causing bodily harm (section 267) and aggravated assault (section 268) is the nature and severity of the injuries. “Bodily harm” is defined as any hurt or injury that interferes with health or comfort and is more than merely transient or trifling. Aggravated assault requires something more: wounding, maiming, disfiguring, or endangering life. A broken nose may be bodily harm; a knife wound to the abdomen is aggravated assault.

The charge the Crown lays often depends on the medical evidence. Hospital records, surgical reports, and expert medical opinions are central to proving — or challenging — whether the injuries meet the section 268 threshold.

What the Crown Must Prove

To secure a conviction for aggravated assault, the Crown must prove beyond a reasonable doubt:

The accused intentionally applied force to the complainant (the elements of assault under section 265).
The assault resulted in wounding, maiming, disfiguring, or endangering the life of the complainant.

The Crown must prove intent to commit the underlying assault — that the accused deliberately applied force or threatened force. However, the Crown does not need to prove that the accused specifically intended to wound, maim, or disfigure the complainant. The aggravating consequence — the severity of the injury — is assessed objectively. If the accused intentionally punched someone and that punch fractured their skull, the accused can be convicted of aggravated assault even if they did not intend to cause a fracture.

This distinction is important. It means the defence cannot simply argue “I didn’t mean to hurt them that badly.” The intent requirement applies to the application of force, not to the resulting injury.

Sentencing for Aggravated Assault

Jail is the starting point for aggravated assault sentencing. Courts treat this as a serious violent offence, and non-custodial sentences are rare except in truly exceptional circumstances.

Sentencing ranges depend heavily on the specific facts:

Less serious cases (first offender, no weapon, single incident, victim recovered fully): 12 to 36 months.
Mid-range cases (weapon involved, significant injuries, some criminal history): 3 to 6 years.
Serious cases (extreme violence, vulnerable victim, gang involvement, extensive criminal record): 6 to 10+ years.

Aggravating factors at sentencing include the use of a weapon, a domestic relationship with the victim, the vulnerability of the victim (age, disability), premeditation, and a prior criminal record — particularly for violence. Mitigating factors include provocation, the accused’s age, mental health issues, expressions of remorse, rehabilitation efforts, and the absence of a criminal record.

Dangerous Offender Designations

For repeat violent offenders, the Crown may bring a dangerous offender application under section 753 of the Criminal Code. Aggravated assault qualifies as a “serious personal injury offence” for the purpose of this provision. If the court designates an offender as dangerous, the sentence is indeterminate — meaning the offender is imprisoned with no fixed release date and can only be released by the Parole Board of Canada. Dangerous offender applications are rare, but they represent the most serious sentencing consequence in Canadian criminal law short of a life sentence for murder.

Defences to Aggravated Assault

Self-defence (section 34). If the accused believed on reasonable grounds that force was being used or threatened against them, and their response was reasonable in the circumstances, self-defence is a complete defence to aggravated assault. The reasonableness of the response is assessed in context — the size of the parties, the history between them, whether a weapon was involved, and whether the accused had the ability to retreat are all relevant. Self-defence does not require a proportionate response; it requires a reasonable one.

Identification. In group altercations, bar fights, and incidents without clear surveillance footage, the Crown may struggle to prove that the accused — rather than someone else — was the person who inflicted the injuries. Identity defences are particularly strong in “swarm” assault cases where multiple people were involved.

Challenging the injury threshold. If the injuries do not rise to the level of wounding, maiming, disfiguring, or endangering life, the appropriate charge is assault causing bodily harm (section 267), not aggravated assault. Medical evidence is central to this defence — and defence counsel may retain medical experts to challenge the Crown’s characterization of the injuries.

Lack of intent. While the Crown does not need to prove intent for the specific injury, it must prove intent for the underlying assault. Intoxication, while not a defence to aggravated assault in most circumstances following the amendments to section 33.1 of the Criminal Code, may be relevant to the factual assessment of what occurred. Automatism and involuntary conduct are also potential defences in rare cases.

Consent. Consent is generally not available as a defence to aggravated assault. The Supreme Court of Canada held in R v. Jobidon that an individual cannot consent to the intentional infliction of bodily harm. However, consent may arise in limited contexts — for example, injuries sustained during sporting events where the conduct falls within the accepted rules of the game.

Case Results

RH Criminal Defence has defended clients facing aggravated assault charges across Ontario. Selected results include:

R v. M.F. — Client’s charge of aggravated assault was withdrawn in Milton after the commencement of the preliminary inquiry. After questioning the main witness about her version of events, the Crown chose to withdraw the case rather than proceed to a jury trial. The client was originally facing 6 years in jail.
R v. A.J. — Client charged with aggravated assault was discharged following a seven-day preliminary inquiry at 1000 Finch Court. In a situation where a “swarm” assault had occurred resulting in a serious injury to the victim, the judge found that there was not enough evidence that the accused was involved in the assault, rather than merely present at the scene. As a result of the judge finding that there was not sufficient proof that the accused had committed an assault, the charge was dismissed. The Crown was initially seeking an 18-month jail sentence for the accused.

What to Do If You Are Charged

Aggravated assault charges require immediate legal representation. The consequences of conviction are severe — years in prison, a permanent criminal record for violence, and potential dangerous offender proceedings for those with prior records. Bail conditions will likely be restrictive, and the Crown will prepare its case aggressively.

The earlier a defence lawyer is retained, the earlier the disclosure can be reviewed, Charter issues identified, and a defence strategy developed. If you or someone you know has been charged with aggravated assault, contact RH Criminal Defence to discuss the case.

Aggravated Assault Charges in Ontario