FacebookTwitterLinkedin
31
Oct
2024

How Prior Convictions Affect New Assault Charges in Surrey

October 31st, 2024
How Prior Convictions Affect New Assault Charges in Surrey

We know that Surrey, BC, has more crime than other similarly populated areas in Canada even if these violent crimes are statistically decreasing. In light of this higher than average crime rate, you may wonder how prior convictions affect new assault charges. In today’s blog article, we are going to talk about this topic.

Prior Convictions and New Charges

In theory, in Surrey or elsewhere or in Canada, prior convictions should not affect new charges for assault or anything else. By this we mean that the gravity of the crime alone should determine the charges. The one exception to this concept is for an offender that has no criminal history. It is certainly possible that no criminal history could give pause to a prosecutor before determining charges—and make a good argument for the defence.

That said, a prosecutor is going to know or should know what kind of criminal history the person being charged has, and it is certainly possible that a heavy criminal history could influence a prosecutor to seek more or more serious charges even if this is an unconscious influencef.

Prior Convictions and Sentencing

Sentencing is where prior convictions can play a major role. In most places that have a rule of law derived from English Common Law, there is a concept that the more serious one’s criminal history is, the stiffer the penalty should be.

So, prior convictions will definitely play a role when it comes time to sentencing in making a sentence worse. This would be true in Surrey, BC, and also in other provinces and territories. But keep in mind that judge’s take many things into consideration when deciding sentencing following a guilty verdict, not just prior convictions. 

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.