What is the maximum sentence for simple assault in Canada?
Simple assault under s.266 of the Criminal Code is a hybrid offence. If the Crown proceeds summarily, the maximum is 2 years less a day and/or a $5,000 fine. If it proceeds by indictment, the maximum is 5 years. First-time offenders often receive a discharge, fine, or probation rather than jail.
What is the difference between assault, assault causing bodily harm, and aggravated assault?
Simple assault (s.266) involves force without significant injury. Assault causing bodily harm or with a weapon (s.267) involves a weapon or injury that is more than trivial, with a maximum of 10 years. Aggravated assault (s.268) means wounding, maiming, disfiguring, or endangering life, and carries up to 14 years.
Will I go to jail for a first assault charge in Canada?
Not necessarily. For a first simple assault with no injury, courts frequently impose a discharge, a fine, or probation, allowing the accused to avoid a criminal record in the case of an absolute or conditional discharge. Jail becomes likely where there is a weapon, serious injury, a prior record, or domestic violence.
What are aggravating factors in an assault sentence?
Aggravating factors include use of a weapon, serious injury, a vulnerable victim, an assault on a spouse or child, committing the offence in front of a child, breach of trust, and a prior record of violence. These push the sentence toward the upper end of the range and make incarceration more likely.
What is a conditional discharge for assault?
A conditional discharge means you are found guilty but not convicted, provided you comply with probation conditions for a set period. Once completed, you have no criminal conviction, though the discharge is recorded for a limited time. It is a common outcome for minor first-offence assaults.