What is meant by "Assault Level 1" in Ontario, Canada

Some police forces in Ontario, such as the Hamilton Police Service, will use the term assault level 1 to describe forms of assault that do not involve weapons or bodily harm.

Assault level 1 usually refers to charges laid under s. 266 of the Criminal Code that do not involve the use of weapons or bodily harm. Level 1 assaults can be both domestic intimate partner violence offences (IPV) or not. They are also sometimes referred to as simple or common assault charges. While the Criminal Code itself does not use the term “level 1” it is structured in sections and subsections which some may view as being different levels. A level 1 assault is found within s. 266 itself which is the most basic (general) category.

It is just a matter of semantics.

There are 45 different police forces in Ontario and each of them use slightly different standard language on charging documents (most commonly the Form 10 Undertaking). The largest police force we know of in Ontario that commonly uses the term assault level one is the Hamilton Police Service (HPS), but it is also used by other smaller municipal forces and sometimes the OPP.

Level 1 assaults (CC s. 266) are serious criminal charges

Don’t think that just because an assault is classified on your court paperwork as being “level 1” that it is not serious. An assault level 1 charge carries a maximum sentence of up to 5 years in prison and a permanent criminal record. Some people charged with domestic assaults may have to agree not to communicate with their spouse and move out of their home while their case is pending. These release conditions can sometimes be changed to allow for contact but this is a process that often takes several weeks or months to achieve.

A level 1 assault charge is a very serious matter, in particular for those who are first time offenders without a prior criminal record and for those who already have a history of custodial (jail) sentences. Those in the immigration system may also be deemed inadmissible to Canada by IRCC and deported depending on the outcome of the case.

If you, your spouse, or someone else has been charged with a level 1 assault, please see our articles on simple assault and being charged with assault for the first time for more information.


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You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. Our goal is to have the charges withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial. We provide effective and affordable lawyer representation for those charged throughout all of Ontario, Canada.

You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. Have a skilled criminal lawyer protect you and your future from the stigma and consequences of a criminal record.





Are you a lawyer? If you are defending a domestic assault/uttering threats/mischief related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

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