What Happens After an Assault Charge in Ontario?

What Happens After an Assault Charge in Ontario?

Being charged with assault can leave you wondering what happens next. The Ontario criminal court process can involve several stages, and the exact process depends on the allegations and circumstances of the case.

Understanding those stages can help you know what to expect.

Arrest and Release

After an assault allegation, police may arrest and charge an individual.

Depending on the circumstances, the accused may be released by police with conditions or held for a bail hearing.

Release conditions can have an immediate impact on everyday life.

For example, an accused person may be prohibited from communicating with a particular individual or attending certain locations.

It is important to understand and comply with all release conditions. Breaching a court order or release condition can lead to additional criminal charges.

Your First Court Appearance

The documents provided following your release will generally tell you when and where you must attend court or provide instructions concerning your next appearance.

A first appearance is not necessarily a trial.

The early stages of the case generally involve procedural matters, obtaining disclosure and determining how the case will proceed.

Receiving Crown Disclosure

Disclosure is the evidence in the Crown’s possession that is provided to the defence.

Depending on the case, disclosure could contain:

• Police notes
• Witness statements
• Complainant statements
• Photographs
• Medical information
• Surveillance footage
• Body-worn camera footage
• 911 recordings
• Text messages
• Social media communications
• Other physical or digital evidence

Reviewing disclosure is an important part of developing a defence strategy.

Crown and Defence Discussions

After reviewing the evidence, defence counsel may communicate with the Crown prosecutor.

These discussions can address the evidence, potential legal issues and how the prosecution may proceed.

Some cases resolve without a trial. Others require motions, pre-trial proceedings or a trial.

What Happens If the Case Goes to Trial?

At trial, the Crown has the burden of proving the offence beyond a reasonable doubt.

The defence can challenge the Crown’s evidence through cross-examination, legal arguments and, where appropriate, defence evidence.

The defence strategy will depend on the circumstances of the individual case.

How Long Does an Assault Case Take?

There is no universal timeline.

Factors that can affect the length of an assault case include the complexity of the allegations, amount of disclosure, number of witnesses, court availability, legal applications and whether the matter proceeds to trial.

What Should You Do After Being Charged?

One of the most important steps is obtaining legal advice early.

A criminal defence lawyer can review your release conditions, obtain and analyze disclosure, explain your options and represent you throughout the court process.

Speak With LZZ Defence

If you have been charged with assault in Ontario, you do not have to navigate the criminal justice system without legal advice.

Lockyer Zaduk Zeeh represents individuals facing assault allegations and other serious criminal charges.