Understanding Assault and Potential Penalties Upon Conviction

January 26th, 2024
Understanding Assault and Potential Penalties Upon Conviction

Assault is a serious crime in Canada. That said, there is a big range of possible penalties upon conviction. In today’s blog we are going to talk about potential penalties upon conviction for assault.

The type of penalty you may get upon conviction depends on several factors. These factors include, but are not limited to the following:

  • Type of Assault
  • Who You Assaulted
  • Damage or Toll (to persons, physical and/or mental)
  • Was It a Summary Judgement or Indictable
  • Aggravating Factors
  • Mitigating Factors

Obviously, the more serious the assault, the more serious the penalty. So, for example, waving your broom in the air and threatening your neighbour is not going to result in the same penalty as a sexual assault at gunpoint, which puts the victim in intensive care.

Legally, there are different types of assault, from Simple Assault all the way to Aggravated Assault, and Assaulting a Peace Officer, with several other types in between. Each assault classification has a recommended range of penalties.

Similarly, who you assaulted plays a role. Assaulting someone who is asleep in bed is worse than engaging in a fistfight in a bar with a stranger. If your assault charge was indictable, then the charge was probably more serious and will come with more serious penalties.

How much damage did you do to the victim? Was the victim merely frightened or did you put that person in the hospital with permanent scarring?

Aggravating factors are things like a background of being arrested and charged for lots of similar crimes in the past. Aggravating factors can make your sentence worse.

Mitigating factors are things like showing sincere and genuine remorse in court for the damage you inflicted. Mitigating factors can help to lighten your sentence.

Range of Penalties

Penalties can vary considerably. Here are some of the possibilities: an absolute or conditional discharge, a suspended sentence, a fine, probation, a criminal record, possible revocation of immigration status, required restitution or compensation to the victim, loss of the right to bear arms, a conditional sentence, imprisonment, an indeterminate sentence, and/or an intermittent sentence.

So, the range is quite vast. Only your lawyer can explain what the potential sentence is for your particular crime. Hire a lawyer as soon as possible if you have been charged with assault or any other crime.

If you have committed a crime or been charged with a crime, 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.