North York Assault Lawyer
If you were charged with assault in North York, your case will be heard downtown. Since 2023 the Ontario Court of Justice has heard criminal cases for all of Toronto at the Toronto Courthouse, 10 Armoury Street. The old North York courthouse at 1000 Finch Avenue West was one of six courthouses folded into it. Bail is the exception. If you were held for a bail hearing, it runs at the Regional Bail Centre, 2201 Finch Avenue West.
The conditions start right away. Whether you were released from the station or after a bail hearing, your release can include no contact with the complainant and an order to stay away from your own home if you live together. Those conditions can last for months, and breaking one is a new criminal charge.
Kazandji Law has an office in North York at 70 Forest Manor Road, Unit 4B, and we defend assault charges regularly. Call 647-588-3234 before you speak to the police again, and do not contact the complainant about the case.
At a glance
- Criminal court: Ontario Court of Justice, Toronto Courthouse, 10 Armoury Street
- Bail hearings for people held in custody: Regional Bail Centre, 2201 Finch Avenue West
- Partner violence cases where the accused is out of custody and has a related family court case: Integrated Domestic Violence Court at 10 Armoury Street, since April 2, 2026
- Toronto Police divisions in North York: 31 Division, 40 Norfinch Drive; 32 Division, 30 Ellerslie Avenue; 33 Division, 50 Upjohn Road
- Our North York office: 70 Forest Manor Road, Unit 4B, North York, Ontario M2J 0A9, 647-588-3234
Where is a North York assault charge heard?
At the Toronto Courthouse, 10 Armoury Street, which opened in 2023 and took in six older courthouses, including the North York courthouse at 1000 Finch Avenue West and Old City Hall. Your appearances and any trial in the Ontario Court of Justice happen there, in person or by video depending on the type of appearance.
Bail is the exception. Adults held in custody for a bail hearing in Toronto go to the Regional Bail Centre at 2201 Finch Avenue West.
A partner case with a family court file can go to a specialized court. Since April 2, 2026, intimate partner violence charges prosecuted summarily at 10 Armoury Street are scheduled in the Integrated Domestic Violence Court when the accused is out of custody and has a related Family Law Act or Children’s Law Reform Act case at the family courts at 47 Sheppard Avenue East or 311 Jarvis Street. That court deals with the criminal case and the family case together. Because the firm also practises family law in North York, we can look at both sides of that situation at once.
The police file comes from the division that laid the charge. Toronto Police divisions in North York include 31 Division at 40 Norfinch Drive, 32 Division at 30 Ellerslie Avenue and 33 Division at 50 Upjohn Road. The division is on your paperwork, and its officers’ notes, any video and the witness statements are the first things a defence needs.
What counts as assault in Canada?
More than most people think. Under section 265 of the Criminal Code, you commit an assault if you intentionally apply force to another person without their consent, directly or indirectly. Attempting or threatening force by an act or a gesture can also count, if you had, or made the other person reasonably believe you had, the present ability to carry it out. No injury is needed. A shove, a grab or a slap can be enough.
Consent is often the real issue. Consent given because of force, threats, fraud or someone’s authority does not count under section 265(3), and the courts limit how much harm anyone can consent to in a fight. Self defence is a separate question, and it turns on what you believed, why you acted and whether your response was reasonable.
What are the levels of assault charges and their penalties?
| Charge | Criminal Code section | Maximum if prosecuted by indictment | Can it be prosecuted summarily? |
|---|---|---|---|
| Assault | 266 | 5 years | Yes |
| Assault with a weapon, causing bodily harm, or choking | 267 | 10 years | Yes |
| Aggravated assault | 268 | 14 years | No |
| Violence against an intimate partner, when based on an assault | 263.1 | 10 years, 14 with a weapon or bodily harm, life if aggravated | Yes, except when based on aggravated assault |
When the Crown proceeds summarily, the general maximum under section 787 is two years less a day, a $5,000 fine, or both. Our pages on simple assault and assault with a weapon go further into each charge.
Assault against a partner is now treated more severely. Since July 2026, section 263.1 makes violence against an intimate partner its own offence. When it is prosecuted by indictment, the maximum moves up a level: 10 years for what would otherwise be a simple assault, 14 years for assault with a weapon or causing bodily harm, and life for aggravated assault. An intimate partner includes a current or former spouse, common law partner or dating partner. Our domestic assault page covers partner cases in more detail.
What happens at a bail hearing for an assault charge in Toronto?
Many people charged with assault are released by the police with conditions. Others are held for a bail hearing at 2201 Finch Avenue West. Either way, the conditions apply from the moment you sign them.
Usually the Crown has to justify keeping you in custody. In some assault cases that is reversed, and you have to show why you should be released. Under section 515(6), that includes partner violence cases where you have a previous conviction or discharge for violence against a partner, or where you were already on a peace bond taken out on behalf of a partner. It also includes assaults where you are accused of choking, suffocating or strangling the complainant.
In those reverse onus cases, the section now says you have to show cause by clearly demonstrating that your proposed release plan addresses the risks you are said to pose. A realistic plan, sometimes with a surety who understands what supervising you involves, makes a real difference. Our bail page explains sureties and release plans.
Will the charge be dropped if the complainant does not want to go ahead?
Not just because they ask. For partner cases, Ontario’s Crown Prosecution Manual says prosecutors must not withdraw charges solely because the complainant asks, and must consider all the circumstances. The decision belongs to the Crown, not to the complainant and not to the police.
That does not mean nothing can change. A complainant’s account can shift, the other evidence may be thin, and a lawyer can put information in front of the Crown that the police file left out. What you should not do is contact the complainant about the case yourself. If you are on a no contact condition, even a friendly message can lead to a new charge.
Can an assault charge be resolved without a criminal record?
Sometimes. The realistic options depend on the facts, your record and how the Crown sees the case:
- A withdrawal, where the evidence does not support the charge or the Crown decides that prosecuting is not in the public interest.
- A peace bond under section 810, which is not a conviction. You agree to keep the peace and follow conditions for up to 12 months, and the charge is withdrawn.
- Diversion through Ontario’s Direct Accountability Program, which can be available for some assault charges. The charge is withdrawn or stayed once the program is completed. Partner assault cases are presumptively not eligible, and aggravated assault is excluded.
- A discharge after a finding of guilt, which is not a conviction, though it has consequences you should understand before you agree to it.
- A trial, where consent, self defence or the reliability of the evidence is tested.
In partner cases the Partner Assault Response program often comes up. It is a court ordered program of 12 group sessions run by community agencies, with a fee based on income.
What does an assault conviction mean for your future?
A record for a violent offence shows up in police checks for jobs, volunteering and professional licences, and it can complicate travel.
For anyone who is not a Canadian citizen, the stakes are higher. Assault with a weapon, assault causing bodily harm, aggravated assault and the new intimate partner offence based on an assault all carry maximums of 10 years or more, which can make a conviction serious criminality under section 36(1) of the Immigration and Refugee Protection Act. For temporary residents, even a simple assault conviction can lead to inadmissibility under section 36(2). Raise your status with your lawyer before any plea is discussed.
How we defend assault charges from our North York office
You deal with one lawyer from the first call. Our North York office is at 70 Forest Manor Road, Unit 4B, and our Toronto office is at 180 John Street, Unit 320. Both answer at 647-588-3234.
The first job is usually the release conditions. If they keep you out of your home or away from your children, we look at whether a variation is realistic and what it would take. Then we get the disclosure: any 911 call, the officers’ notes, video including body worn camera footage where it exists, photographs and statements. We compare all of it against what you tell us.
We tell you plainly what the evidence shows, what the realistic outcomes are and what each one would cost you. Kazandji Law was founded by Fadi Matthew Kazandji, and the firm also practises family law, which helps when a criminal charge and a family case are running at the same time. For the wider picture across the province, see our Ontario assault lawyers page.
Frequently Asked Questions
Where do North York assault charges go to court?
Ontario Court of Justice criminal cases for all of Toronto, North York included, are heard at the Toronto Courthouse, 10 Armoury Street. Adults held in custody for a bail hearing go to the Regional Bail Centre at 2201 Finch Avenue West.
Is domestic assault a separate charge now?
Since July 2026 it can be. Section 263.1 of the Criminal Code makes violence against an intimate partner its own offence, with higher maximum sentences when the Crown proceeds by indictment. Abuse of an intimate partner is also an aggravating factor at sentencing under section 718.2.
Can the complainant drop the charges?
No. In Ontario the Crown decides whether a charge goes ahead. For partner cases, the Crown Prosecution Manual says charges must not be withdrawn solely because the complainant asks.
What is the maximum sentence for assault in Canada?
For assault under section 266, five years if the Crown proceeds by indictment, or up to two years less a day, a $5,000 fine, or both if it proceeds summarily. Assault with a weapon, causing bodily harm or choking carries up to 10 years, and aggravated assault up to 14. The maximums are higher when the violence is against an intimate partner.
Can I go home if I am charged with assaulting my partner?
Often not right away. Release conditions commonly bar contact with the complainant and going to a shared home. A lawyer can ask the Crown or the court to vary them, and until then, breaking a condition is a separate offence.
Can an assault charge be resolved with a peace bond?
Sometimes. A peace bond under section 810 is not a criminal conviction. You agree to keep the peace and follow conditions for up to 12 months, and in exchange the charge is withdrawn. Whether the Crown will offer one depends on the facts and your history.
How soon should I call a lawyer after an assault charge in North York?
Before your first court date at 10 Armoury Street, and before you discuss the case with anyone, including the complainant. Our North York office is at 70 Forest Manor Road, Unit 4B, 647-588-3234.
Talk to a lawyer before your first court date
The conditions you live under and the first things you say shape everything that follows. When you call, we will ask what the police say happened, what conditions you are on, whether there is a family court case, and whether you have any record. Then we can tell you what the first steps should be.
The consultation is free and confidential, and there is no obligation. North York office: 70 Forest Manor Road, Unit 4B, North York, Ontario M2J 0A9, 647-588-3234. Toronto office: 180 John Street, Unit 320, Toronto, Ontario M5T 1X5, 647-588-3234. You can also reach us through our contact page.
Talk it through with a lawyer today. No cost, no obligation, and the conversation stays confidential.