Can You Go to Jail for a First-Time Assault Charge?

The short answer to the question in the title is “yes.” It is certainly possible to go to jail if you are charged with assault, even if this is a first-time offence. However, there is a long distance, metaphorically, between being charged with a crime and going to jail. So, in today’s blog, we want to explore how you might or might not wind up in jail following a first-time assault charge.

For the sake of discussion, let’s assume that you are charged with assault and you immediately hire a terrific criminal defence lawyer. After learning as much as possible about you, the alleged assault in question, and the relevant case law, your lawyer is going to develop a strategy. If at all possible, your lawyer is going to try to get your case thrown out altogether.

Maybe evidence collected against you was improperly collected. Maybe there is exculpatory evidence that makes the Crown’s case against you impossible. There are lots of ways that your lawyer may be able to prevent this case from advancing.

If the case against you is going to proceed, the potential penalties or outcome depend in large part on the type of assault you are charged with and there are many kinds ranging from Simple Assault to Assault with a Weapon or Aggravated Assault. Some types of assault carry specific penalties if you are found guilty. The more serious the crime, the more serious are the penalties.

Next, there are factors that can help or hurt you, mitigating or aggravating factors, respectively. These may also play a role in determining penalty. So, what happens when you are charged with assault is complicated. Hire a lawyer as soon as possible, and don’t discuss your case with anyone except your lawyer. This is your best chance at a good outcome. 

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.