Assault charges in Quebec often arise from a single, emotionally charged moment — a fight, a family dispute, a confrontation that escalated. But the consequences are lasting. Understanding how the Criminal Code treats assault, and what defences exist, is the first step in protecting your future. For related matters, see our page on violent crimes.
The three levels of assault
Common (simple) assault under section 266 covers applying force, or threatening to, without consent. Assault with a weapon or causing bodily harm falls under section 267, and aggravated assault — wounding, maiming, disfiguring, or endangering life — under section 268. The first two are hybrid offences, meaning the Crown chooses whether to proceed summarily or by indictment; aggravated assault is always indictable. The full definitions appear in the Criminal Code.
The penalties
For common assault, a summary conviction carries up to six months in jail, while proceeding by indictment raises the maximum to five years. Assault causing bodily harm or with a weapon carries up to two years less a day summarily, or ten years by indictment. Aggravated assault carries a maximum of fourteen years. The actual outcome depends heavily on the circumstances and your record.
What the Crown must prove
To secure a conviction, the prosecution must prove that you intentionally applied force (or threatened to) without the other person’s consent. Each element can be contested: the intent, the absence of consent, or whether any force was applied at all. The reliability and credibility of the complainant’s account is frequently central.
Conjugal and family assault
Where an allegation arises in a domestic context, the Crown often proceeds even if the complainant later wishes to withdraw, and strict no-contact conditions are usually imposed at release. These conditions can keep you from your home or your children, so it is critical to understand and respect them while your lawyer works on the file.
Common defences
Several defences may apply depending on the facts: self-defence or defence of another, consent (in limited circumstances), a lack of intent, or mistaken identity. In many cases, charges can be reduced, diverted, or withdrawn well before trial — and outcomes such as a conditional discharge or a peace bond may avoid a criminal record entirely.
Defending assault charges in Quebec — why early advice matters
What you say and do in the days after an assault charge can shape the outcome. Conditions of release, contact with the complainant, and the preservation of evidence all matter. Speaking to a criminal lawyer in Gatineau early helps you avoid missteps and build the strongest possible defence. If a charge stems from an alleged breach of conditions, our guide on what happens when you are charged explains the process.
Charged with assault in Gatineau? Contact us for a confidential phone consultation and understand your options before your next court date.
This article provides general legal information about the law in Quebec and Canada and is not legal advice. Every case is different. For advice about your specific situation, contact Me Lory Zakarian for a confidential evaluation.
