An assault charge can destroy your life. Beyond jail time and fines, you face a criminal record, loss of custody of your children, restraining orders, difficulty finding employment, and permanent damage to your reputation. If the charge involves a domestic partner, the Crown will push hard for a conviction.

But not every allegation is true. People sometimes lie. Situations are more complex than first impressions suggest. Self-defence is a legitimate legal response to an attack. And in many cases, the Crown’s evidence isn’t strong enough to prove guilt beyond a reasonable doubt.

Jason Malloy defends assault cases of all types. Whether you’re facing simple assault, assault causing bodily harm, domestic assault, or aggravated assault, you have more options than you might think.

Types of Assault Charges

Simple Assault:
Applying force to another person without consent, or attempting or threatening to apply force. This includes punching, pushing, hitting with an object, or even spitting. The victim doesn’t need to be injured.

Assault Causing Bodily Harm:
When the victim suffers bodily harm beyond minor marks or bruises—broken bones, cuts requiring stitches, black eyes, or anything that interferes with normal bodily function. Carries up to 10 years jail on indictment.

Aggravated Assault:
Wounding, maiming, disfiguring, or dangerously impairing the victim’s bodily function. The most serious assault charge, carrying up to 14 years jail.

Domestic Assault:
Assault in a domestic context—spouse, common-law partner, dating partner, or family member. Treated more seriously by the Crown and courts with restrictive no-contact and residence conditions.

Potential Penalties

Simple Assault:
Summary conviction: fine up to $2,000 and/or up to 6 months jail.
Indictment: up to 2 years jail.

Assault Causing Bodily Harm:
Summary: fine up to $2,500 and/or up to 6 months jail.
Indictment: up to 10 years jail.

Aggravated Assault:
Indictment only: up to 14 years jail.

Beyond jail and fines, assault convictions cause criminal records disclosed to employers and landlords, loss of custody or supervised access with children, restraining orders lasting years, firearm prohibition, employment termination, inability to travel to the United States, and damage to relationships.

Possible Defences to Assault Charges

Self-Defence:
You have the right to use reasonable force to defend yourself against an assault or threat. If the court believes you acted reasonably in self-defence, you’re acquitted. The key is whether your response was proportionate to the threat you faced.

Defence of Another:
You can use reasonable force to defend another person from assault or threat of assault.

Consent:
Assault requires lack of consent. In cases involving consensual fighting, rough play, or contact sports, this defence may apply.

Mistaken Identity or Alibi:
Sometimes the Crown charges the wrong person. Witnesses misidentify assailants. If there’s reasonable doubt about whether you were the person who committed the assault, we argue mistaken identity.

Lack of Proof Beyond Reasonable Doubt:
The Crown must prove assault beyond a reasonable doubt—a very high standard. Inconsistencies in witnesses, conflicting police reports, or injuries inconsistent with allegations can create reasonable doubt.

Credibility Issues:
Many assault cases come down to witness credibility. If Crown witnesses are inconsistent, contradicted by physical evidence, have motive to lie, or are proven dishonest, their testimony loses weight.

Domestic Violence Charges: Special Considerations

The Crown prosecutes domestic violence cases—not the victim. Even if your partner asks to drop the charges, the Crown can proceed. No-contact orders will likely be imposed during the court process, and child protection services may become involved.

But self-defence still applies in domestic contexts. If you were defending yourself from assault by a partner, that’s still a complete defence. Domestic violence cases are prosecuted more aggressively, so your defence must be equally serious and well-prepared.

Bail Conditions and No-Contact Orders in Assault Cases

After an arrest for assault in Winnipeg, you will typically be held for a bail hearing. The Crown often seeks strict bail conditions, especially in domestic violence cases. These conditions commonly include no-contact orders preventing you from communicating with the complainant, residence restrictions that may force you out of your own home, weapons prohibitions, curfews, and requirements to report to police. Breaching any bail condition is a separate criminal offence under Section 145 of the Criminal Code, which can result in additional charges and make it much harder to obtain bail in the future.

A criminal defence lawyer can advocate for reasonable bail conditions at your hearing. In many cases, it is possible to negotiate conditions that allow indirect contact through a third party, permit you to return to your home under certain conditions, or avoid unnecessary restrictions that disrupt your employment and daily life. If your circumstances change during the court process, your lawyer can apply to vary your bail conditions. Understanding and strictly complying with your bail conditions is critical to the outcome of your case.

Peace Bonds and Alternative Resolutions

Not every assault charge goes to trial. In appropriate cases, a peace bond under Section 810 of the Criminal Code can resolve the matter without a conviction or criminal record. A peace bond is a court order requiring you to keep the peace and be of good behaviour for a specified period, typically 12 months. You may also be required to follow conditions similar to probation. In exchange, the criminal charge is withdrawn. Peace bonds are most commonly available for first-time offenders in minor assault cases where the complainant supports the resolution.

Other alternative resolutions include diversion programs, conditional discharges, and suspended sentences. Manitoba offers alternative measures programs for eligible accused persons that can result in charges being withdrawn upon completion of community service, counselling, or other requirements. For domestic assault cases, successful completion of a Partner Abuse Short Term (PAST) program or similar counselling may be considered favourably by the Crown. Jason Malloy will explore every possible avenue to achieve the best outcome for your specific situation.

Frequently Asked Questions About Assault Charges

Can assault charges be dropped if the victim doesn't want to press charges?

In Canada, criminal charges are prosecuted by the Crown, not the victim. Once police lay an assault charge, the complainant cannot simply drop it. The Crown prosecutor decides whether to proceed, and they often do even when the complainant is uncooperative or recants. However, a reluctant or inconsistent complainant weakens the Crown's case significantly. Your defence lawyer can use this to negotiate a withdrawal, peace bond, or other favourable resolution. In domestic cases, the Crown has specific policies about proceeding with reluctant complainants, making experienced legal representation especially important.

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

Simple assault under Section 266 involves the intentional application of force without consent and carries a maximum penalty of five years. Assault causing bodily harm under Section 267 applies when the assault results in injuries that interfere with the complainant's health or comfort in more than a fleeting way — broken bones, cuts requiring stitches, or concussions. It carries up to 10 years imprisonment. Aggravated assault under Section 268 applies when the victim is wounded, maimed, disfigured, or their life is endangered, carrying a maximum of 14 years. The charge level significantly affects sentencing, making it critical to challenge whether the injuries meet the legal threshold for the more serious charges.

Will I get a criminal record for a first-time assault charge?

Not necessarily. For first-time offenders charged with simple assault, several outcomes can avoid a criminal record. A peace bond results in the charge being withdrawn entirely. A conditional discharge means you are found guilty but no conviction is registered, provided you complete a probation period. Diversion or alternative measures programs can also result in charges being withdrawn. Even if convicted, a first-time simple assault typically results in a suspended sentence with probation rather than jail time. The key is having a lawyer who knows how to negotiate these outcomes with the Crown and present your case effectively to the court.

Get Help Today

Don’t face an assault charge alone. A criminal defence lawyer will interview witnesses, gather evidence supporting your version of events, challenge Crown witness credibility, argue self-defence if applicable, and protect your rights throughout the process.

Call 204-784-3047 today. Jason Malloy is available 24/7 to help you.