Assault (CC 266) – Common Criminal Charges

Assault (CC 266) is a hybrid offence but it is almost always tried summarily. Individuals convicted of assault are usually sentenced to a modest fine payment, probation, or in some cases a short period of jail time or house arrest.

Repeat offenders are generally given heavier sentences and are more likely to be given jail time.

A Record Suspension will remove any record of an assault conviction from an individual’s criminal history. The record of conviction will be kept separate and apart and will not be released to third parties through criminal background checks.

A criminal record for assault can mean that an individual is prevented from finding employment, doing volunteer work and being bonded. It can also make it difficult for an individual to become a Canadian citizen or permanent resident.

In some cases a criminal record it can prevent them from entering Canada entirely.

A Record Suspension will remove these obstacles.

Comments (20)

Geraldine Wheesk / September 8, 2018

Hello I am wondering what I would get for two counts of assault – first time offender

Michael Ashby / September 10, 2018

Hi Geraldine,

We are not lawyers here so we do not offer advice on criminal proceedings. But in my experience if they are simple assault charges I would guess a fine and possibly probation.

Michael

Lizzy / November 2, 2018

Hello,

I know you are not lawyers but I have a question. What am I looking at, as a first time offender, and my charged are assault, resisting arrest, and disturbing a peaceful environment?

Michael Ashby / November 5, 2018

HI Lizzy,

If I had to guess I would say probation. But I’m not a lawyer and I don’t know the details of your case.

Kind regards,

MARCY WRIGHT / November 13, 2018

I have been charge with assault domestic, but he made up a story to get me in trouble. I have not been in trouble with the law ever. I need to know what will happen next? I am meeting with the crown this week as they wanted to give me counseling and a peace bond. I am no longer with the person nor does he live with me ; he’s been gone since Sept. And i have had no contact with him nor do i want to. Need some answers on what could happen.

Tiffanie / November 14, 2018

Hi Marcy,

Unfortunately, we cannot advise you regarding the possible results of a trial / pending charge.
Please refer yourself to a criminal lawyer for this matter.

Regards,

Tiffanie
1-866-242-2411, ext. 226

Alex / January 16, 2019

I recently had an encounter at a supermarket with one of their employees where after a shouting match I pushed him, another customer saw that and called the police. The police came interviewed me and the employee. However the employee was a better person (I went and apologized) and did not press any charges. My question is that even though there was no charge, is this incident still be on my criminal record check?

Michael Ashby / January 18, 2019

Hi Alex,

If you were not charged there should be no record.

Shirley / May 6, 2019

Recently I was charged with common assault. I got into a thing with a female player at a beer league hockey game. She fell into the boards and pulled at my stick to help get up. She wouldn’t let go of my stick. I pushed her cage with my glove. Another player from her team started to choke me. We all got penalties. Then she charged me with assault and said she is injured. I had to hire a lawyer. Everyone tells me this won’t fly. If the charges are dropped, I will still be left with $5000.00 or more of lawyer fees. Is there anyway I can recoup this money. I might need to get the charges expunged. That could cost me too. Help!

Michael Ashby / May 13, 2019

Hi Shirley,

I am not qualified to assist at this stage.

Best luck,

Rod Parsons / December 23, 2019

I have an assault charge from 1988 that was a $100 default 1 month. Is there anyway to get this removed?

Michael Ashby / January 16, 2020

Hi rod,

MSorry for the delayed reply. If you still need assistance give me a call at 514-842-2411 x 227

Teddy / January 30, 2020

Hi there. I have a 266 cc charge i was in a taxi going home late night. Could not remember anything and this is my first assault ever I am worried what is most likely going to happen to me

Michael Ashby / January 30, 2020

Hi Teddy,

It is best if you discuss this stage with a lawyer. When things are done in court feel free to get in touch so we can help clean things up.

Daniel Dupuis / April 19, 2020

My spouse has always drank ever since we got together and we also had a 2 yr old daughter that we had just lost at the end of Feb this year and she was blaming me bcuz our daughter was on a feeding tube and we took a course on the tube change but I took the old tube out and took her to a hospital one night and died the next day at home from Negligence on the hospital anyway my spouse had been provoking me non stop and I had enough of arguing and I grabbed her sweater to tell her to stop and everything awhile back but now yesterday she did the same thing again and drinking and blaming me so I only pointed my finger at her and told her to stop but didn’t touch her and I left to cool off and then I had called a friend detective and she was off duty so she called her station and talked to them bcuz she knows what we are going through at this tough time so they went to see her after I asked them just to check on her and then she told them what u had done awhile back and not from yesterday so they called me back and said I will have to be charged for 2 counts of my first offence of domestic on a spousal cc266 does this mean jail time for me aswell? My spouse and I are going through alot of grief on the loss of our daughter and require counciling for it all and I am willing to get all of that along with anger management but I don’t want to go to jail over everything that we are going through

Michael Ashby / April 20, 2020

Hi Daiel,

I am very sorry to hear of this. Unfortunately I am not qualified to advise you on this matter. However, if no one one has been seriously hurt in my experience jail time would be unusual.

MSC / February 15, 2021

Hi, I was charged with spousal assault 266 cc, after a heated arguement with my gf, she was trying to push me to leave several times and i tried blocking her and deflected her, she fell and had a bruised arm, she called 911. I’ve never been in trouble before, we were both drinking, I hardly drink but that night i had a few, she had a lot more than me…..she escalated things, she’s been going to counselling for 2 weeks prior with stress related issues…..I can’t believe i got charged, I mean no one any harm. Now i have a peace bond i can’t see her until the hearing….but I’m with her daily and love her very much…… What can I expect now? I don’t feel I that is deserved.

Michael Ashby / February 16, 2021

Hi MSC,

It would be best to call and discuss things on the phone. My direct line is below.

Michael Ashby
ext 227

Pat Lanz / May 9, 2021

I was charged under 5.266 can this lead to not being able to getting a job and can I get off without going in!

Michael Ashby / May 10, 2021

Hi Pat,

Almost any arrest can lead to job difficulties.