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← Back to Law ExplorerLast verified: March 2026 · Source: laws-lois.justice.gc.ca
Assault & Violent OffencesHybrid
§265

Assault

Assault
Maximum Sentence

5 years (indictable) / 2 years less a day (summary)

Classification: Hybrid
🍁 Immigration Impact

Hybrid offence. Simple assault as an indictable offence creates inadmissibility under IRPA s.36(2). However, with a 5-year maximum (under 10 years), it is not classified as serious criminality under s.36(1) unless the individual received a sentence of 6 months or more in Canada.

Legal Text — Criminal Code s. 265

A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Amendment History (1)
R.S., 1985, c. C-46, s. 265
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