Assault Charge Defence Strategy Wizard
Assault charges range from simple assault to aggravated assault, and the right defence strategy depends heavily on the specific facts. This wizard walks through the charge, the relationship involved, and the available evidence to give you a personalized outlook and evidence checklist before you speak with a lawyer.
The Charge
Common Questions
Frequently Asked Questions
What is the difference between simple assault and aggravated assault in Ontario?
Simple assault involves the intentional, non-consensual application of force, with or without injury. Assault causing bodily harm requires an injury that interferes with health or comfort. Aggravated assault involves wounding, maiming, disfiguring, or endangering the life of the complainant — the most serious category, carrying the highest maximum penalty.
Does this wizard predict whether I will be convicted?
No. This tool identifies the factors relevant to your specific situation and helps you organize evidence and next steps — it does not predict a court outcome, which depends on the specific evidence, credibility findings, and legal argument a short questionnaire cannot capture.
Can domestic assault charges be dropped if the complainant doesn't want to proceed?
Not automatically. Ontario Crown prosecutors follow a policy of pursuing domestic violence charges independently of the complainant's wishes in many cases, since the decision to proceed belongs to the Crown, not the complainant.
What counts as self-defence in Ontario?
Self-defence requires that you reasonably believed force or a threat of force was being used against you or another person, that your response was for the purpose of defending yourself, and that your response was reasonable in the circumstances. All three elements are assessed based on the specific facts.
Will a no-contact order affect my ability to see my children?
It can, particularly if the complainant is a co-parent. A no-contact or residence condition can sometimes be varied through the court to allow supervised or third-party arrangements — this should be raised with your lawyer as early as possible.
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