Assault Level 1 (Common Assault)
Criminal Code — Section 266
Definition
Assault Level 1 (common assault) is the least serious form of assault in Canada. It occurs when a person intentionally applies force to another person without their consent, or attempts or threatens, by an act or gesture, to apply force while having (or appearing to have) the present ability to do so. This includes pushing, slapping, punching, or even spitting on someone.
Penalties
Classification
Hybrid offence — on summary conviction, maximum 2 years less a day and/or a $5,000 fine.
Maximum Penalty
Maximum 5 years imprisonment.
Examples
When Does Assault Level 1 Apply?
Level 1 assault applies when: - No weapon is used - No bodily harm is caused (any injury is merely transient or trifling) - The force applied is relatively minor
If a weapon is used or bodily harm is caused, the charge escalates to Level 2. If the victim's life is endangered or they are wounded/maimed, it becomes Level 3 (aggravated assault).
Defences
Common defences to assault charges include: - Self-defence: Reasonable force to protect yourself (Criminal Code s. 34) - Consent: The other person agreed to the physical contact (limited application) - Accident: The force was not intentional - Defence of property: Reasonable force to protect your property (s. 35)
How Common Is This in Canada?
Assault Level 1 (common assault) is the most frequently reported violent crime in Canada. Statistics Canada reports approximately 170,000 to 190,000 incidents of Level 1 assault per year, with a rate of roughly 450 to 500 per 100,000 population.
This single offence accounts for roughly one-third of all police-reported violent crime. Rates tend to be highest in the territories and Prairie provinces (Saskatchewan and Manitoba). While common assault numbers have been relatively stable in recent years, they represent a substantial decline from peak rates in the early 1990s. Domestic and intimate partner assault accounts for a significant proportion of Level 1 charges.
Frequently Asked Questions
Can assault level 1 result in jail time?
Yes, but jail is not automatic. For first offences with minor circumstances, courts often impose conditional discharges, probation, or community service. Repeat offences or more serious circumstances can result in imprisonment up to 5 years.
Is verbal threatening assault?
Verbal threats alone are not assault under s. 266 — they fall under "Uttering Threats" (s. 264.1). However, if someone makes a threatening gesture (e.g., raising a fist) while making verbal threats, the gesture may constitute assault.
What is the difference between assault levels 1, 2, and 3?
Level 1 is common assault without a weapon or bodily harm (max 5 years). Level 2 involves a weapon, bodily harm, or choking/strangling (max 10 years on indictment). Level 3 (aggravated) involves wounding, maiming, or endangering life (max 14 years).
Will an assault charge show on my criminal record?
If convicted, yes. An assault conviction creates a criminal record that affects employment, travel, and volunteering. A conditional or absolute discharge may avoid a permanent record.
Can I be charged with assault if I didn't hurt anyone?
Yes. Assault includes attempting or threatening to apply force. No physical injury is required — the threat or attempt alone is sufficient for a charge.
Can I travel to the US with an assault conviction?
An assault conviction can make you inadmissible to the United States, even at Level 1. US Customs and Border Protection (CBP) has access to Canadian criminal records and assesses whether the offence is a 'crime involving moral turpitude'; simple assault often is not, but aggravating factors can change that. The US does not formally recognize Canadian record suspensions, so a US Entry Waiver (I-192) may still be needed.. You may need to apply for a US Entry Waiver (I-192) or obtain a Canadian record suspension (pardon) before attempting to cross the border.
How do I find a lawyer for an assault charge?
Contact your provincial Legal Aid office to check eligibility for funded representation, especially if the charge is being prosecuted as indictable. Duty counsel is available at your first court appearance to provide free legal advice. Your provincial Law Society's lawyer referral service can also connect you with criminal defence lawyers who offer a free or low-cost initial consultation.
Related Offences
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