May 12
How to Get Bail for Assault Charges in Ontario
If you or someone you care about has been charged with assault in Ontario, one of the most urgent concerns is securing release from custody. While assault charges are taken seriously by the courts, being granted bail is often possible—especially with the right legal support.
At LZZ Defence, we have extensive experience representing clients at bail hearings across Ontario, including Toronto, Milton, Brampton, Mississauga, Newmarket, and Durham. In this article, we break down how bail works for assault charges and how a skilled criminal defence lawyer can improve your chances of being released.
What Is Considered “Assault” in Ontario?
Under Section 265 of the Criminal Code of Canada, assault includes:
- Applying force to another person without their consent
- Attempting or threatening to use force
- Gestures or actions that cause someone to reasonably fear harm
Assault charges range from simple assault to more serious offences like:
- Assault causing bodily harm
- Assault with a weapon
- Aggravated assault
- Domestic assault
Do You Automatically Get Bail for Assault Charges?
Not necessarily. While bail is a constitutional right, it’s not guaranteed. The Crown can oppose bail if they believe you:
- Pose a threat to public safety
- Are likely to reoffend
- May not return for future court appearances
- Will interfere with witnesses or victims (especially in domestic cases)
What Does the Court Consider at a Bail Hearing?
During a bail hearing, the court weighs several key factors:
- Nature of the Assault Allegation
Is the assault alleged to be minor (e.g., pushing during an argument) or more serious (e.g., repeated violence or use of a weapon)? More severe charges typically face stricter bail scrutiny.
- Criminal Record
A clean record can help your case, while prior convictions—especially for violent offences—can work against you.
- Ties to the Community
Stable employment, strong family support, and a permanent address show that you’re rooted in the community and less likely to flee.
- Risk to Complainant or Public
The court assesses whether you pose a risk to the alleged victim or others. This is especially important in domestic assault cases.
- Proposed Bail Plan
Your lawyer must present a strong bail plan, which could include a surety (a person who agrees to supervise you), conditions like no-contact orders, or curfews.
How a Criminal Defence Lawyer Can Help
Securing bail—especially for assault charges—requires preparation, persuasion, and legal insight. At LZZ Defence, our experienced bail lawyers will:
- Prepare and present a compelling bail plan
- Work with your family or surety to ensure supervision is available
- Challenge weak or unfounded allegations from the Crown
- Advocate for reasonable release conditions
- Seek a bail review if bail was previously denied
Our goal is always to get you released as soon as possible so you can focus on defending your case with dignity and freedom.
What Happens If Bail Is Denied?
If bail is denied, you will remain in custody until your trial. However, you may be eligible to apply for a bail review at the Ontario Superior Court. This is a complex legal process, and you’ll need a defence team with the right experience and preparation to succeed.
LZZ Defence: Your Legal Ally for Assault Bail Hearings
We’ve helped clients charged with all types of assault offences—from first-time minor incidents to complex domestic assault cases—secure bail and move forward with a strong legal defence.
We serve clients across:
- Toronto
- Peel Region (Brampton, Mississauga, Malton)
- York Region (Newmarket, Vaughan, Markham)
- Durham (Oshawa, Ajax, Pickering, Whitby)
- Hamilton
- Oakville, Milton, and Burlington (Halton Region)
Don’t Risk Your Freedom—Call LZZ Defence Today
If you’ve been charged with assault, time is critical. A prompt, well-prepared bail hearing can mean the difference between freedom and detention.
Call us now for a free consultation
Visit www.lzzdefence.ca
