Assault & Domestic Assault Lawyers in London, Ontario
An assault charge can turn your life upside down in a single evening. If the charge is domestic assault, you may already be facing bail conditions that keep you away from your own home, your kids, and your partner — before you’ve had any chance to tell your side. Whatever happened, don’t plead guilty and don’t give police a statement until you’ve spoken with a lawyer.
Dominion Criminal Defence represents people charged with assault across London, Kitchener, Brantford, Guelph, Woodstock, and Cambridge. Consultations are free, and our urgent line is answered 24/7. Call or text (226) 984-7637.
What Is Assault Under Canadian Law?
Under section 265 of the Criminal Code, an assault is the intentional application of force to another person without their consent — or even an attempt or threat to apply force. You can be charged with assault without ever making physical contact.
That surprises a lot of people. Raising a fist during an argument, or a shove that left no mark, can be enough for police to lay a charge. And once a charge is laid, it’s out of everyone’s hands but the Crown’s — the other person can’t simply “drop it,” even if they want to.
- Assault (s. 266) — the basic charge, covering unwanted force, attempts, or threats.
- Assault with a weapon (s. 267) — involving any object used or threatened as a weapon.
- Assault causing bodily harm (s. 267) — where the alleged injury is more than fleeting or minor.
Domestic Assault: Why These Charges Are Different
Domestic assault isn’t a separate offence in the Criminal Code — it’s an assault charge where the parties are partners or family members. But in practice, these cases are handled very differently. Ontario Crown offices treat domestic charges as a priority, which usually means police lay a charge whenever they’re called, even if the complainant doesn’t want one.
Bail conditions typically include a no-contact order and a ban from the family home. That can mean sleeping somewhere else for months while the case works through the system. We move quickly to review your conditions and, where possible, apply to vary them so you can see your children and get back to some version of normal life while we fight the charge.
It’s worth repeating: your partner cannot drop the charges. Only the Crown can withdraw them — which is why the right defence strategy, started early, matters so much.
Possible Defences to an Assault Charge
Every case turns on its facts, but common defences include self-defence and defence of others (protected under section 34 of the Criminal Code), consent (in situations like a mutual fight), accident or reflex, mistaken identity, and Charter violations in how the police investigated or arrested you. Your lawyer will review the disclosure and tell you honestly which defences the evidence supports.
What Happens After You're Charged
First, a lawyer meets with you to hear what happened and gather the facts — not a form, not a call centre. Next, we obtain and review the Crown's disclosure, identify the weaknesses in the case, and build your defence. Then we stand beside you at every court appearance until the matter is resolved. If this is your first charge, our First Time Charged? page explains the process step by step.
FAQS
Common Questions About Assault Offence Charges
What is considered assault in Canada?
Intentionally applying force to another person without consent — or attempting or threatening to do so. Physical contact is not required.
Can I be charged with assault if I never touched anyone?
Yes. A threat or attempted use of force, where the other person reasonably believed you could carry it out, can support a charge.
My partner doesn't want to press charges. Will the case be dropped?
Not automatically. In Ontario, only the Crown prosecutor can withdraw a domestic assault charge, regardless of what the complainant wants. A lawyer can present the circumstances to the Crown and push for withdrawal where appropriate.
Can I go home after a domestic assault charge?
Usually not right away. Standard bail conditions include no contact with the complainant and staying away from the shared home. A lawyer can apply to vary these conditions.
What's the difference between assault and aggravated assault?
Simple assault involves unwanted force or threats. Aggravated assault requires that the complainant was wounded, maimed, disfigured, or their life was endangered — and it carries far heavier penalties.
Is self-defence legal in Canada?
Yes. Section 34 of the Criminal Code allows reasonable force to protect yourself or someone else, judged against factors like the threat you faced and how you responded.
Will an assault charge give me a criminal record?
A conviction will. But a charge is not a conviction — many assault cases are resolved through withdrawal, peace bonds, or acquittal, none of which result in a criminal record.
Police want me to come in and give a statement. Should I?
Speak with a lawyer first — always. You have the right to remain silent, and early statements are one of the most common ways people damage their own defence. Call us before you go in: (226) 984-7637.
Will I go to jail for a first assault offence?
Not necessarily. Outcomes depend on the seriousness of the allegation, the evidence, and your circumstances. First-time charges are often resolved without jail — but nothing is automatic, which is why early legal advice matters.
Speak With a Criminal Defence Lawyer Today — It’s Free
If you or someone you love has been charged with a criminal offence in London, Kitchener, Brantford, Guelph, or anywhere in Southwestern Ontario, don’t wait. The sooner you have legal advice, the better.
Call or text our 24/7 urgent line at 226-984-7637, or fill in the contact form below. Your first consultation is free and confidential.