Aggravated Assault
Aggravated assault in Canada: maximum 14-year sentence. Differs from other assaults in severity of injuries & potential for lifelong harm.
Jump to section
Plain-Language Summary
Aggravated Assault is a serious criminal offenceA criminal activity in Canada and is defined as the intentional application of force, either directly or indirectly, to another person without their consent. Covered by s.268 of the Code it is considered a major assaultApplying force, threatening force, or causing someone to believe force will be used without consent. and can result in a maximum prison sentence of 14 years. If the aggravated assault is sexual in nature, the maximum sentence is life imprisonment. The difference between aggravated assault and assault causing bodily harm is the severity of the injuries sustained. Repeat offenders and those who use weapons in the commission of an aggravated assault can expect harsher sentences. If convicted, a person may also face a weapons ban and have their DNA entered into the National DNA Data Bank.
What is Aggravated Assault?
Aggravated assault is considered a level 3 assault. “If an attack “wounds, maims, disfigures or endangers the life of the complainant” you can be charged with aggravated assault, which is an indictable offenceA more serious type of Canadian criminal offence..
What sets aggravated assault apart from other types of assault is the severity of the injuries inflicted and the potential for life-long, crippling injuries. It should be noted that while endangerment to life must involve an actual risk, it does not necessarily have to result in actual bodily harm.
What is Needed to Convict
In order to win a conviction, the Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. must prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that there was an intentional application of force and you knew that it could result in bodily harm. The prosecutor must also establish that the injuries were not trivial or temporary and that the damage inflicted will be long-lasting or that the person’s life was in danger.
The Crown must prove there was an intent to cause bodily harm, but they do not need to establish that there was an intent to maim, wound or disfigure.
With any assault charge, it is the Crown’s responsibility to prove that you:
- applied force to someone;
- the victim did not consentVoluntary agreement to engage in an sexual act to that force; and
- the force was applied intentionally.
Treated as an Indictable Offence
Unlike lesser assault charges which can proceed by summary convictionUsed for lesser offences and result in less severe penalties, aggravated assault is considered an indictable offence. General deterrence is a primary sentencing factor when it comes to serious violent crimes. There is no minimum penalty, with a maximum prison sentence of up to 14 years.
The severity of the punishment could depend on the degree of the assault, the nature of the injuries, whether it was planned, if the assault was gratuitous in nature and your past criminal record.
If you are convicted of aggravated assault you will be subject to a mandatory weapons prohibition order under s.109 of the Code and a mandatory weapon forfeiture order under s.491.
Depending on the circumstance, the Crown can also bring an application to have you declared a dangerous offender, which brings an indeterminate prison sentence. Aggravated assault is also a designated offence requiring you to submit a sample to the National DNA Data BankA repository of DNA profiles of criminal offenders under s.487.051 of the Code.
As well, you could be forced to pay compensation to the victim and you will have a criminal record.
Possible Penalties
These are maximum sentences. Actual sentences depend on the facts, criminal history, and any mitigating or aggravating circumstances.
Aggravated assault — s. 268
Indictables. 268(1): wounding, maiming, disfiguring or endangering the life of the complainant. Indictable-only — there is no Crown election and the s. 787 summary-conviction default does not apply. No mandatory minimum sentence in s. 268.
What these words mean
- Indictable
- The more serious way to prosecute an offence. It can carry higher maximum penalties.
- Summary conviction
- The less serious, usually faster way to prosecute an offence, with lower maximum penalties.
- Hybrid
- An offence the Crown can prosecute either way — by indictment or by summary conviction.
- Summary only
- Summary-only offences are prosecuted by summary conviction. The Criminal Code sets the maximum penalty in the specific offence section.
- Crown election
- The Crown prosecutor’s choice of which way to proceed on a hybrid offence.
Possible Defences and Legal Issues
Aggravated Assault — s.268
Section 268 does not list a special defence for aggravated assault in its own wording. The Crown still has to prove that an assault happened and that the assault wounded, maimed, disfigured, or endangered the life of the complainant.
Assault itself is defined in section 265, and that definition “applies to all forms of assault”, including aggravated assault. Section 265(3) says that “no consent is obtained where the complainant submits or does not resist by reason of” the application of force, threats or fear of force, fraud, or the exercise of authority. This means that consent given only because of one of those things does not count as a defence.
Section 265(4) deals with cases where the accused says they believed the complainant consented. A judge will only put that belief to the jury if satisfied there is enough evidence that, if believed, “the evidence would constitute a defence”. Where that threshold is met, the judge must instruct the jury, in weighing the honesty of the belief, to consider “the presence or absence of reasonable grounds for that belief”. This is a rule about how the belief is assessed, not a guarantee that it will succeed.
Section 268 also contains a narrow statutory rule for excision, infibulation, or mutilation of the labia majora, labia minora, or clitoris; that issue is highly specific and is not the usual fact pattern on a general aggravated-assault page.
Common Legal Terms
Terms marked with a dotted underline in the article above are defined here and available in the full site glossary.
- Consent Glossary entry →
The voluntary agreement of the complainant to engage in the sexual activity in question.
- Crown prosecutor Glossary entry →
A Crown prosecutor is a lawyer who conducts a criminal prosecution on behalf of the public. The Crown’s role is to present the case fairly, exercise independent judgment, and act in the public interest. The Crown’s role is not simply to obtain a conviction.
- Indictable offence Glossary entry →
An indictable offence is generally a more serious type of Canadian criminal offence. Some indictable matters have higher maximum penalties and may involve different court procedures, including election about the mode of trial in some cases.
- National DNA Data Bank Glossary entry →
The National DNA Data Bank maintains a collection of more than half a million DNA profiles of criminal offenders. Maintained by the RCMP it links crime when there are no suspects and can determine if a serial offender is involved in an offence.
- Reasonable doubt Glossary entry →
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
- Summary conviction Glossary entry →
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
Legal sources
The official statute section(s) this page is based on. Always confirm against the official source before relying on it.
-
Criminal Code s. 268 Main offenceLast reviewed by CCH: 2026-07-05View official source ↗
-
Criminal Code s. 265 DefinitionSource current to: 2026-05-26View official source ↗
Government References
Find a Criminal Defence Lawyer Near You
If you or someone you know is facing criminal charges, a criminal defence lawyer can review the situation and explain the options.
Search the Lawyer DirectoryCriminal Code Help does not endorse or recommend specific lawyers.
Report an inaccuracy or concern about this page
Report an inaccuracy or concern about this page
Report: Aggravated Assault
Use this form to report a possible error, outdated information, unclear wording, broken link, or other concern about this page.
General legal information only. Not legal advice. We do our best to keep this page accurate and up to date, but criminal law can change and every case depends on its facts. Check the review date and consult the Criminal Code or a criminal defence lawyer before relying on this information.
About this page
Criminal Code Help explains selected Criminal Code offences and related legal concepts in plain language. The goal is to help readers understand the general meaning of the law without having to read the full statutory text.
This page is a simplified summary. It does not include every exception, definition, court interpretation, evidentiary issue, Charter issue, sentencing factor, or procedural rule that may apply in a real case.
Legal information, not legal advice
This page is general legal information only. It is not legal advice and should not be relied on as advice about any specific charge, investigation, court file, or personal situation.
Possible defences and legal issues depend on the facts, the evidence, the exact charge, current Canadian law, and the province or territory where the case is being handled. If you are facing a criminal charge or researching a real legal problem, speak with a criminal defence lawyer in your province or territory.