In these situations, no consent will be found in law no matter what the accused believed to be true. Self-defence Self-defence is a defence to a charge of assault and it is defined in the Criminal Code (ss.34-37). Self defence allows a person to use force only when it is necessary and to the level that is reasonably necessary to stop an assault. If someone is threatening to punch a second person, that second person can use as much force as is reasonably necessary to stop it. Punching or holding the person might be reasonable. Shooting the person would not be reasonable. Extra, unnecessary, punches also would not be justified. The defence of self defence is a shield.  It does not justify unnecessary or extreme force. Types of Assault If a person is charged with assault, there are two different levels of procedure a prosecutor can choose, summary or indictable. The penalties are found in s.266 of the Criminal Code . Assault Simpliciter Assault is basic assault, touching without consent, where no bodily harm is caused, no weapon is used, and it is not of a sexual nature. If a prosecutor decides to proceed summarily and the person is found guilty of assault, the maximum penalty is $5000 and/or 6 months in prison. A person who is found guilty can be ordered by a judge to pay a fine and spend some time in prison. A provincial court judge sitting alone will hear your case if it is a summary