What Does Assault CC 266 Mean?

Simple assault charges under Canadian law are more serious than many people realize. Here’s a quick overview of what you should know:

• Section 266 of the Criminal Code covers simple assault, as defined in Section 265.

• You can be charged even without physical contact—threats or attempts to apply force may be enough. 

• It’s a hybrid offence, so the Crown can proceed by summary conviction (up to 2 years maximum jail term) or indictment (up to 5 years maximum jail term). 

• A conviction leads to a permanent criminal record, affecting jobs, travel, and your future unless the accused is sentenced to an absolute or conditional discharge

• Defences like self-defence, consent,  consensual fight,  or lack of intent may apply depending on the facts.

• Getting a lawyer immediately is critical to protect your rights and explore all possible defences.

Read the full article to understand what simple assault really means, the consequences of a conviction, and how to defend yourself if charged.

If you’ve been charged with assault under section 266 of the Criminal Code, you’re likely feeling overwhelmed and uncertain about what this means for your future. The legal terminology can be confusing, and the potential consequences are serious. Understanding exactly what this charge entails—and your options for defending against it—is crucial for making informed decisions about your case.

Section 266 of Canada’s Criminal Code deals with what’s commonly called “simple assault” or “common assault.” While it may sound straightforward, the legal implications are far from simple, and the consequences of a conviction can affect every aspect of your life.

 

 

How the Law Defines Assault: Understanding Section 265 and Its Penalties Under Section 266

To understand what assault under section 266 means, you need to know how these two Criminal Code sections work together. Section 265 defines what constitutes assault, while section 266 sets out the penalties for committing that assault.

 

What Legally Counts as Assault

Under section 265(1) of the Criminal Code, you commit assault in three ways:

Intentional Application of Force: Applying force to another person without their consent, directly or indirectly. This includes any unwanted physical contact, from a push or slap to throwing an object at someone.

Threatening or Attempting Force: Making threats or attempts to apply force when you have the apparent ability to carry out that threat. Crucially, this means you can be charged with assault even if you never actually touch the other person.

Accosting While Armed: Approaching, confronting, or impeding  someone while openly carrying a weapon or weapon imitation.

Understanding the different types of assault helps clarify where section 266 fits within the broader spectrum of violent offences.

 

Section 266: The Penalty Provision

Section 266 doesn’t define assault—it establishes the punishment for simple assault. The section states that anyone who commits assault is guilty of either:

• An indictable offence punishable by up to five years imprisonment, or
• A summary conviction offence

This hybrid structure gives the Crown (prosecution) significant discretion in how aggressively to pursue your case.

 

Physical Contact Isn’t Always Required

One of the most misunderstood aspects of assault law is that physical contact isn’t always necessary. If you raise your fist threateningly toward someone and they reasonably believe you’re about to hit them, that’s assault. The law protects people’s right to feel safe from the threat of violence, not just violence itself.

 

 

What Does the Crown Have to Prove to Convict You of Assault?

For the Crown to secure a conviction under section 266, they must prove specific elements beyond a reasonable doubt. Understanding these elements is crucial because your defence strategy will likely focus on challenging one or more of them.

 

Intentional Application of Force

The Crown must prove you deliberately applied force or attempted to do so. Accidental contact—like bumping into someone in a crowded space—doesn’t constitute assault. However, “intent” can be inferred from your actions, so reckless behaviour that results in contact can still lead to charges.

 

Lack of Consent

The alleged victim must not have consented to the contact. This element becomes complex in situations involving sports, medical procedures, or consensual physical activities. However, consent has limits—you can’t consent to serious bodily harm in most circumstances.

 

The Crown’s Burden: Proving Guilt “Beyond a Reasonable Doubt”

This is the highest standard of proof in Canadian law. It doesn’t mean absolute certainty, but it requires that any reasonable person, looking at the evidence, would conclude you’re guilty. If there’s any reasonable doubt about any element of the offence, you must be acquitted.

This high standard is your protection against wrongful conviction, but it requires skilled legal representation to effectively challenge the Crown’s case.

 

 

Penalties and Sentencing Under CC 266

The penalties for assault under section 266 vary significantly depending on how the Crown elects to proceed and various aggravating or mitigating factors in your case.

 

Summary Conviction Consequences

When the Crown proceeds by summary conviction, you face:

• Maximum two years less a day in jail
• Maximum fine of $5,000
• Up to three years probation
• A criminal record

Summary conviction is typically chosen for less serious assaults, first-time offenders, or cases with mitigating circumstances.

 

Indictable Offence Consequences

If the Crown proceeds by indictment, the potential penalties increase substantially:

• Maximum five years imprisonment
• No limit on fines
• Up to three years probation
• A criminal record with more serious long-term implications

 

Beyond Jail Time: The Hidden Consequences

A criminal record for assault creates lasting problems:

Employment Limitations: Many employers conduct criminal background checks, particularly for positions involving trust, security, or working with vulnerable populations.

Travel Restrictions: A criminal record can prevent entry to other countries, especially the United States. Even minor assault convictions can result in lifetime travel bans.

Professional Licensing: If you hold professional licenses (healthcare, legal, financial services), a conviction could result in suspension or revocation.

Immigration Consequences: For non-citizens, assault convictions can lead to deportation proceedings or prevent permanent residency applications.

 

 

When Does a Simple Assault Charge Become More Serious?

It’s crucial to understand that assault charges exist on a spectrum of severity. What starts as a section 266 investigation can escalate to much more serious charges depending on the circumstances.

 

Assault with a Weapon or Causing Bodily Harm (Section 267)

If your case involves a weapon or causes bodily harm, you’ll likely face charges under section 267, which carries:

• Maximum 10 years imprisonment for indictable offences
• Enhanced penalties reflecting the greater seriousness

 

Aggravated Assault (Section 268)

The most serious assault charge applies when you wound, maim, disfigure, or endanger someone’s life. This carries:

• Maximum 14 years imprisonment
• Mandatory minimum sentences in some circumstances

 

Special Considerations: When Assault Happens in a Domestic Context

Domestic assault cases receive special treatment in the justice system. Police operate under “zero tolerance” policies, meaning charges are almost always laid even if the complainant doesn’t want to press charges. Understanding domestic assault penalties is crucial because these cases are prosecuted more aggressively.

The Crown rarely drops domestic assault charges, even when complainants recant their statements. A closer look at spousal assault reveals why these cases require specialized defence strategies.

 

 

How Can You Defend Against an Assault Charge?

Several defences may be available depending on your specific circumstances. Each requires careful legal analysis and strategic presentation.

 

Self-Defence and Defence of Others

Canadian law recognizes your right to protect yourself or others from harm. However, the force used must be reasonable and proportionate to the threat faced. Self-defence claims require careful legal analysis of:

• Whether you reasonably believed force was being used or threatened against you
• Whether your response was reasonable in the circumstances
• Whether there were alternatives to using force

 

Consent as a Defence

If the alleged victim consented to the contact, you cannot be convicted of assault. This defence commonly arises in:

• Sporting activities
• Mutual combat situations
• Consensual physical activities

However, consent has limits—you generally cannot consent to serious bodily harm.

 

Lack of Intent

If the contact was genuinely accidental, you cannot be convicted of assault. This defence requires proving the contact was unintentional and that you took reasonable care to avoid harming others.

 

Challenging the Evidence

Your lawyer may challenge:

• The reliability of witness testimony
• The credibility of the complainant
• The sufficiency of the evidence
• Violations of your Charter rights during the investigation

 

 

I’ve Been Charged with Assault. What Happens Now?

Understanding the legal process can help reduce anxiety and ensure you make informed decisions about your case.

 

The Bail Hearing

Unless released by police, you’ll appear before a justice of the peace or judge for a bail hearing. The court will decide whether to release you and under what conditions. Common bail conditions for assault charges include:

• No contact with the complainant
• Staying away from specific locations
• Abstaining from alcohol or drugs
• Reporting to a bail supervisor

 

Court Appearances and the Trial Process

Your case will proceed through several stages:

First and Subsequent Court Appearances: You will eventually  receive disclosure (the Crown’s evidence) and have various court appearances in Case Management Court

Pre-Trial Motions: Your lawyer may bring applications to exclude evidence or address Charter violations.

Trial: If you plead not guilty, the Crown must prove its case at a trial  beyond a reasonable doubt.

Throughout this process, an experienced assault defence lawyer will guide you through each step and protect your rights.

 

 

Why You Need Experienced Legal Representation

Assault charges under section 266 are serious matters that require immediate, skilled legal intervention. The consequences of conviction extend far beyond any jail sentence, affecting your reputation, career prospects, and personal freedom for years to come.

Whether you need an assault lawyer in Toronto, London, Windsor, or Kitchener, finding counsel with specific experience in assault defence is crucial.

An experienced defence lawyer will:

• Analyze the Crown’s evidence for weaknesses
• Identify potential Charter violations
• Develop the most effective defence strategy
• Negotiate with the Crown for reduced charges or alternative resolutions
• Represent you aggressively at trial if necessary

 

 

Frequently Asked Questions

Q: Can I be charged with assault if I never actually hit anyone? A: Yes. Assault includes threatening or attempting to apply force when you appear capable of carrying out the threat. Physical contact isn’t required.

Q: What if the other person hit me first? A: Self-defence can be a complete defence to assault charges, but the force you used must be reasonable and proportionate to the threat you faced. This requires careful legal analysis.

Q: Can assault charges be dropped if the complainant doesn’t want to proceed? A: The Crown, not the complainant, controls whether charges proceed. While a complainant’s wishes are considered, charges can continue even if they want them dropped, especially in domestic violence cases.

Q: Will I definitely go to jail if convicted? A: Not necessarily. First-time offenders with minor assaults often receive conditional discharges, probation, or fines. However, jail time is always a possibility, particularly for more serious assaults or repeat offenders.

Q: How long will this stay on my record? A: A conviction creates a permanent criminal record. However, you may be eligible for a record suspension (formerly called a pardon) after a waiting period, provided you meet specific criteria.

 

 

Don’t face assault charges alone. The stakes are too high, and the legal system too complex, to navigate without experienced counsel. Contact Kruse Law today to discuss your case and begin building your defence.