Do first time assault offenders go to jail in Canada?

If a person is found guilty of assault they may be sentenced to jail/prison for up to 5 years. The length of the sentence will depend on the accused’s previous criminal charge history and the specific facts of the assault of which they were convicted.

What is considered a prior charge: Even withdrawn and/or peace bonded charges will be taken into consideration

Someone who has been charged with an assault or related offence (uttering threats, mischief) in the past will have that record used against them by the Crown even if the charge was withdrawn, peace bonded (810 or common law) stayed, absolute or conditional discharge (with probation), etc. These are all related prior charges which will be taken into consideration by the Crown Attorney and the judge when determining the sentence if the accused is found guilty (plea or after a trial).

Assault (s. 266 or 265), often referred to as a simple or common, is a charge that has a great degree of variance in terms of what actually happened. It could range from a punch, slap or kick to the face or a push, shove or grab on the arm. When determining whether the accused should be sentenced to jail if found guilty, the judge will consider the exact specifics of the alleged offence. A slap to the face is worse than a harmless push or shove where the person does not fall down. A punch or kick to the face is far worse. The injury or impact to the victim along with the prior history of the accused will be taken into consideration in determining whether a jail sentence is appropriate.

It is also important to note that many people charged with assault will spend time in jail while awaiting bail. This may be because it took time for them to locate a surety to pledge for their release. Not everyone has family members, friends, or other people willing to take on the responsibility to pledge for someone’s release from custody as a surety. As a result the accused may have to spend time in jail before (hopefully) securing their release as their case goes through the justice system. Given that securing the best result (beating the charges) often takes time getting bail is extremely important for most people charged in Ontario.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with criminal offences throughout Ontario, Canada.

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*2023 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2023. Past results are not necessarily an indication of future results.

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