Charges · Assault · Ontario
What happens after an assault charge in Ontario?
What it means, what usually happens next, and what to bring to the first call.
Or chat by textAn assault charge in Ontario covers any intentional use of force without consent, from a shove to serious injury; the paperwork’s section number says which. Most people are released from the station with conditions and a court date. The first steps are the same for every level: the paperwork, disclosure, then the decision on how to respond.
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In short
- Assault is any intentional use of force on another person without their consent — a push counts; no injury is needed.
- How an assault charge resolves depends on the facts, the record, and the Crown’s position.
- Release with conditions from the station, or a bail hearing if there are past charges or the police say the other person is at risk.
What usually happens next
- First contact
Police take statements Police usually speak to the people involved and any witnesses, and may look for injuries or camera footage nearby.
- First hours
Arrest and rights The person is told the reason for the arrest and the right to speak to a lawyer privately. Police must give a chance to call one.
- Next few hours
Released or held Many assault charges end the night with release papers. More serious allegations, or one involving a weapon, are more often held for a bail hearing.
- From signing
Conditions Conditions commonly bar contact with the other person and may bar weapons. They apply once they are signed.
- Usually by the next day
If held A bail hearing before a justice usually happens by the next day. A family member or friend may be asked to act as a surety.
What should you bring to the first call?
What do we see with assault charges?
The same word covers a shove in a parking lot and a hospital visit, and the paperwork often doesn’t say which. When you call, the first job is understanding what the police wrote down: the section number, the release conditions, the court date. Say what happened in your own words; there is no wrong way to start. Someone answers, the file opens while you talk, and you can add photos or the release paper by text afterwards.
What do people ask about assault charges?
What is assault causing bodily harm?
“Assault causing bodily harm” (s. 267) is the same idea with an injury attached.
Do I have to talk to the police?
No — a person does not have to answer police questions, whether that’s in person, at a station, or over the phone. You can confirm identifying information if asked, but you’re not required to explain, discuss the events, or answer follow-up questions.
What should I bring?
Bring every paper the police gave you (release order, undertaking, appearance notice); photo ID; the names of anyone who saw what happened; any texts, photos or messages about it.
Who prosecutes this charge in Ontario?
In Ontario, a Crown attorney from Ontario’s Ministry of the Attorney General prosecutes this charge, and the case starts in the Ontario Court of Justice. Jury trials in Ontario are held in the Superior Court of Justice.
Is there a diversion program in Ontario?
Ontario’s Crown Prosecution Manual names the Direct Accountability Program, in place in most Ontario jurisdictions, as one community justice program. In Ontario the prosecutor decides whether a case is referred, and only where there is a reasonable prospect of conviction. A person in it must accept responsibility for what led to the charge and be prepared to make meaningful amends.
Who speaks for the prosecution at a bail hearing in Ontario?
Most bail hearings in Ontario are held in the Ontario Court of Justice, with a Crown attorney speaking for the prosecution.
Sources
- Criminal Code (Canada), ss. 265–267, accessed September 22, 2026
- Ontario Court of Justice, criminal proceedings, accessed September 22, 2026
- Steps to Justice (CLEO), assault charges, accessed September 22, 2026
- Ontario Crown Prosecution Manual — D. 4 Community Justice Programs for Adults, accessed September 22, 2026
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