Assault: the general categories in the Criminal Code
The essentials
- Broadly, a person commits an assault when they apply force to another person without their consent, or when they attempt or threaten to apply force while able to do so (or while making the other believe they are).
- Simple assault (section 266) : the basic offence, without a weapon or bodily harm.
- The distinction you often hear turns on bodily harm : simple assault (266) causes none, while sections 267 and 268 cover cases with bodily harm (or worse).
In short, from this page. Every statement is sourced below.
Put your facts in writing, free. Writing down your version of events early, while your memory is fresh, keeping your documents and preparing your questions for your lawyer: the tool is there to document, never to advise.
Open the application Up to 3 cases, no credit card · see the plans
"Assault" is the Criminal Code term for what people often call an attack. This page describes the general categories that the law defines, for information only. Which category applies to a given situation, and what defences exist, is a question for a lawyer.
The definition (section 265)
Broadly, a person commits an assault when they apply force to another person without their consent, or when they attempt or threaten to apply force while able to do so (or while making the other believe they are). Physical contact is therefore not always necessary.
The categories, from the least to the most serious
- Simple assault (section 266) : the basic offence, without a weapon or bodily harm. Punishable by a maximum of five years' imprisonment (or by summary conviction).
- Assault with a weapon or causing bodily harm (section 267) : with a weapon (or an imitation), or causing bodily harm. Maximum ten years.
- Aggravated assault (section 268) : wounding, maiming or disfiguring the person, or endangering their life. Maximum fourteen years.
"With bodily harm" or "without bodily harm"
The distinction you often hear turns on bodily harm : simple assault (266) causes none, while sections 267 and 268 cover cases with bodily harm (or worse). By "bodily harm" the law means a hurt or injury (including a psychological one) that interferes with health or comfort and that is more than transient or trifling.
Where this guide stops
It gives the general definitions. It does not characterize specific facts, does not assess anyone's chances and does not suggest any defence: that is the work of a defence lawyer, and legal aid covers criminal defence broadly. For advice on your situation: legal aid (eligibility based on income), a community justice centre, Juripop, or the Barreau referral service.
On the documentation side: a factual timeline, the witnesses, the communications and the dated exhibits help your lawyer work efficiently. The tool organizes the facts; it never writes a version. Preparing to meet your lawyer.
Official sources (consulted July 18, 2026)
Every statement in this guide is backed by an official source. How we verify and correct.
- Criminal Code, sections 265 to 268 (assault), on laws-lois.justice.gc.ca
- Éducaloi, plain-language pages on assault (general information)
Found an error in this guide? Report it: corrected within 72 hours, and the correction log is public.
Reminder: this is general information; it is not information for anyone in particular.