Criminal Defence Core
Assault Causing Bodily Harm Lawyer in Canada
An assault causing bodily harm lawyer defends charges under Criminal Code, s. 267(b). This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 267(b)·hybrid offence
What Assault Causing Bodily Harm covers in Canadian criminal law
Assault causing bodily harm is charged under section 267(b) where an assault results in bodily harm. Bodily harm is defined in section 2 as hurt or injury that interferes with health or comfort and is more than merely transient or trifling.
That definition sets a lower bar than many people expect. Bruising, a split lip, a concussion or a broken nose can satisfy it, and medical records rather than lasting disability usually determine whether the threshold is met.
Because the offence is hybrid, the Crown's election is significant. On indictment the maximum is ten years; proceeding summarily signals a less serious view of the incident and changes the procedural path.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The accused committed an assault as defined in section 265
- The complainant suffered bodily harm
- The bodily harm was more than transient or trifling
- The assault caused the bodily harm
- Identity of the accused and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- Up to ten years imprisonment where the Crown proceeds by indictment
- A DNA order, as the indictable form is a primary designated offence
- A weapons prohibition order in appropriate cases
- Probation with counselling, restitution and no-contact conditions
- A criminal record affecting employment, professional licensing and border crossings
Common defences
- Self-defence under section 34
- Consent, where the injury arose in a consensual fight and did not amount to serious harm
- The injury does not meet the bodily harm threshold in section 2
- Causation: the injury arose from something other than the accused's act, such as a fall
- Identification and reliability challenges where multiple people were involved
- Charter breaches during arrest, detention or the taking of a statement
Assault causing bodily harm lawyer: frequently asked questions
- What counts as bodily harm?
- Section 2 defines bodily harm as hurt or injury that interferes with health or comfort and is more than merely transient or trifling. Courts have found bruising, lacerations and concussions sufficient. Injuries that resolve within minutes and required no treatment are more likely to fall below the threshold.
- Is medical evidence always required?
- Not always, but it usually matters. The Crown often relies on photographs, hospital records or the complainant's testimony about the injury. Where records are thin or inconsistent with the described injury, that gap can support an argument that the bodily harm threshold is not met.
- Can this charge resolve without a criminal record?
- Sometimes. Depending on the strength of the case and the accused's background, outcomes such as a withdrawal on a peace bond, a diversion program or a conditional discharge may be available. A discharge results in a finding of guilt without a conviction being registered.
Find an assault causing bodily harm lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Assault Causing Bodily Harm among their practice areas. Featured listings appear first.
Assault Causing Bodily Harm lawyers by province