Have you been arrested for assault and are you wondering what the consequences could be? As our criminal defence lawyers explain in our general article on assault, this offence covers a wide range of criminal behaviour. It makes sense, then, that a wide range of sentences applies to it.
1. The sentence depends on the type of assault
First, the applicable sentence varies depending on the type of assault committed. This makes sense, because “simple” assault is objectively less serious than aggravated assault and does not call for the same severity. To learn the difference between the types of assault, see our general article on assault.
It is important to note that the sentence depends on what is called the mode of prosecution. Most offences in the Criminal Code are “hybrid” offences, which means they can be prosecuted either by “summary conviction*” or by “indictment.” This choice is at the discretion of the Crown prosecutor. Less serious conduct is prosecuted by summary conviction, while more serious conduct is prosecuted by indictment.
Summary conviction offence*: the Criminal Code uses the term “offence punishable on summary conviction.” Commonly used terms include summary offence, offence prosecuted summarily, or offence prosecuted by summary conviction.
“Simple” assault
“Simple” assault is a hybrid offence. When it is prosecuted by summary conviction, a person is liable to imprisonment for up to 2 years less a day.
When the offence is instead prosecuted by indictment, the offender is liable to imprisonment for up to 5 years.
Assault with a weapon
Assault committed while using or threatening to use a weapon is punishable by imprisonment for up to 2 years less a day when prosecuted by summary conviction, and by imprisonment for up to 10 years when prosecuted by indictment.
Assault causing bodily harm
Like assault with a weapon, assault that causes bodily harm to the complainant is punishable by imprisonment for up to 2 years less a day or 10 years, depending on the mode of prosecution.
Aggravated assault
Given the seriousness of this offence, a person can only be prosecuted by indictment. Aggravated assault, which endangers the complainant’s life, is punishable by imprisonment for up to 14 years.
2. The sentence depends on the offender’s personal situation
Next, the sentence depends largely on the offender’s personal situation. In criminal law, the principle of individualized sentencing is very important. This means that a court imposing a sentence must always keep in mind that it is sentencing a person, not just criminal conduct.
The sentence must also respect the principle of proportionality, which means it must be proportionate to the gravity of the offence and the offender’s degree of responsibility.
To determine the appropriate sentence for a person found guilty of assault, many factors must be taken into account, such as the impact on the victim, the offender’s rehabilitation since the offence, their criminal record, their lifestyle, etc.
3. All possible sentences
The maximum sentences for each type of assault are set out above. However, if you have been arrested for assault, this does not tell you all the sentences that could be imposed on you.
Depending on the specific circumstances of the case, a person found guilty of assault could receive the following sentences, among others: a discharge, probation, a fine or a term of imprisonment, which could be intermittent or served in the community.
To fully understand the specific features of each sentence that could be imposed on you, see our article that describes the different types of sentences in criminal law in more detail.
Sentencing table
To sum up, here is a table of all possible sentences for an assault charge, depending on the type of assault committed and the mode of prosecution:
| TYPES OF ASSAULT | SENTENCES | ||||||
|---|---|---|---|---|---|---|---|
| Mode of prosecution | Discharge | Probation | Fine | Conditional sentence | Intermittent | Prison | |
| Simple assault | Summary conviction | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Indictable offence | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ | |
| Assault with a weapon | Summary conviction | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Indictable offence | ✔ | ✔ | ✔ | ✔ | ✔ | ||
| Assault causing bodily harm | Summary conviction | ✔ | ✔ | ✔ | ✔ | ✔ | ✔ |
| Indictable offence | ✔ | ✔ | ✔ | ✔ | ✔ | ||
| Aggravated assault | Indictable offence | ✔ | ✔ | ✔ | ✔ | ||
Contact us
If you are facing assault charges, contact us. If an acquittal is not a realistic option, one of our criminal defence lawyers can give you their opinion on the appropriate sentence for you.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
