Assault & Domestic Charges: Summary Defence

Simple assault and domestic offences are common summary conviction charges in Ontario. They can have a serious impact on your life and future, including a criminal record.

Summary Conviction Assault

Assault is usually prosecuted as a summary conviction offence. This means it is a less serious offence than an indictable offence. The maximum penalty for a summary conviction assault is 2 years less a day in jail and/or a $5,000 fine.

Domestic Assault

Domestic assault is treated more seriously by the court than other types of assault. The court will often impose strict bail conditions, such as a no-contact order, even for first-time offenders.

Resolution Without a Record

• Peace Bond: This involves agreeing to follow certain conditions for a set period, in exchange for the charges being withdrawn. This results in no criminal record.
• Discharge: If you plead guilty, the judge may grant you an absolute or conditional discharge, which also results in no criminal record after a certain period.

Potential Defences

• Self-Defence: If you used reasonable force to protect yourself or someone else, this is a strong defence.
• Consent: If the other party consented to the physical contact, this can be a defence.
• Identity: If the evidence against you is based on a mistaken identity, this is a strong defence.

Impact of a Conviction

The most significant consequence of an assault conviction is a criminal record. This can affect your employment, travel, and housing options for years to come.