The Minimum Sentence for Assault in Canada: Know the Facts

May 17, 2022   |   Manbir Sodhi   |  
Sentence for Assault in Canada
Sentence for Assault in Canada

The Minimum Sentence for Assault in Canada: Know the Facts

Assault in Canada is a criminal offence that can lead to a criminal record or a lengthy jail sentence.

If you or someone you know attracts an assault charge in Canada, it’s important to understand the minimum sentence for assault in Canada that could result from a conviction.

In this article, our team at Sodhi Law PC in Brampton, Ontario, will discuss the various assault charges and jail time for assault in Canada.

What Are the Different Levels of Assault?

Level 1: Common Assault

Common assault is the lowest level of assault. You can get this charge if you threaten another person with violence or intentionally cause them the fear of immediate harm.

If you’re charged with assault (first offence), you can receive a fine or up to six months in jail.

Level 2: Assault Leading to Bodily Harm or Assault with a Weapon

The second-highest level of assault involves using a weapon or causing bodily harm to another person (or threatening to do so).

There is no minimum sentence for assault causing bodily harm in Canada. However, the maximum penalty for assault causing bodily harm is ten years in prison. The penalty will depend on whether any weapons were involved in the incident.

Level 3: Aggravated Assault

Aggravated assault is the most serious type of assault and involves using a weapon or causing serious bodily harm (or threatening to do so).

An aggravated assault charge can result in up to 14 years in prison.

What About Sexual Assault?

In Canada, assault is defined as an act that causes another person bodily harm. Sexual assault is a type of assault of a sexual nature. This can include anything from slapping someone on the buttocks to forcing them to have intercourse. Violating the victim’s rights does not necessarily depend on the violator touching particular body parts.

If charged with sexual assault, a person could face a prison sentence ranging from no jail time to a maximum of 14 years.

What Is the Maximum and Minimum Sentencing for Assault in Canada?

Assault in Ontario is chargeable as either a summary offence or an indictable offence.

If charged as a summary offence, the maximum sentencing for assault is six months imprisonment and/or a fine of $5,000. Some offences, such as sexual assault or assault with a weapon, could attract up to 18 months of jail time.

If charged with an indictable offence, a summary conviction is 18 months in jail, and the maximum sentence is five years imprisonment.

What Can I Do If I Am Facing An Assault Charge in Ontario?

Your criminal record for assault can have devastating consequences on your life.

At Sodhi Law PC in Brampton, ON, our legal team has the experience to defend your rights and obtain the best possible outcome in your assault case.

Contact us or call (905) 457-2546 for a consultation with one of our experienced defence lawyers in Brampton. We will offer you solid advice on the maximum and minimum sentence for assault in Canada to help you determine your best options.

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