Understanding Conditional Discharges in Assault Convictions

In Canada, there is something called a “conditional discharge” as a sentence. In some cases one can receive a conditional discharge for assault, but this is not a given. In today’s blog article, we would like to discuss conditional discharges and how they could potentially apply in assault cases.

What Is a Conditional Discharge?

Conditional discharge is a type of sentence for a relatively minor crime. If one receives a conditional discharge, technically that person is found guilty, but there is no conviction on the person’s criminal record. In addition, there may be several conditions to the release during a probationary period such as refraining from certain behaviours and/or not contacting certain people and/or attending counselling.

The advantage of the conditional discharge is that one does not have a conviction on a criminal record, and the conditional discharge is purged from one’s police record after one year. This means that in the future, after a certain amount of time has passed, assuming that there is no further criminal activity, one can truthfully say that that one has “no criminal record” and potential employer searches will not show any criminal record.

How Might This Apply in Assault?

It is possible to receive a conditional discharge for assault. However, this is possible depending on the type of assault and the specific details of the crime. Conditional discharge is not available for crimes that have a required minimum sentence and/or a maximum sentence of over 14 years in jail.

There are a number of advantages of conditional discharge, and you can discuss it with your lawyer if you are charged with a crime such as assault. That said, conditional discharge is not available in all cases, and, even if you receive it, it can still affect your international travel because other countries may be able to access your police records for a period of time after a conditional discharge is removed from the records in Canada. 

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.