{"id":19189,"date":"2020-06-17T13:41:25","date_gmt":"2020-06-17T17:41:25","guid":{"rendered":"https:\/\/www.verreaudufresneavocats.com\/?p=19189"},"modified":"2026-05-06T14:32:47","modified_gmt":"2026-05-06T18:32:47","slug":"assault-criminal-law-sentences","status":"publish","type":"post","link":"https:\/\/www.verreaudufresneavocats.com\/en\/publications\/criminal-penal-law\/assault-criminal-law-sentences\/","title":{"rendered":"Assault in Criminal Law: The Sentences"},"content":{"rendered":"\n

Have you been arrested for assault<\/strong> and are you wondering what the consequences could be? As our criminal defence lawyers <\/strong>explain in our general article on assault<\/a>, this offence covers a wide range of criminal behaviour. It makes sense, then, that a wide range of sentences applies to it. <\/p>\n\n\n\n

1. The sentence depends on the type of assault<\/strong><\/h2>\n\n\n\n

First, the applicable sentence varies depending on the type of assault committed. This makes sense, because \u201csimple\u201d 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<\/a>.<\/p>\n\n\n\n

It is important to note that the sentence depends on what is called the mode of prosecution<\/strong>. Most offences in the Criminal Code<\/em> are \u201chybrid<\/strong>\u201d offences, which means they can be prosecuted either by \u201csummary conviction*<\/strong>\u201d or by \u201cindictment<\/strong>.\u201d This choice is at the discretion<\/strong> of the Crown prosecutor. Less serious conduct is prosecuted by summary conviction, while more serious conduct is prosecuted by indictment.<\/p>\n\n\n\n

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Summary conviction offence*<\/em><\/strong>: the Criminal Code uses the term \u201coffence punishable on summary conviction.\u201d Commonly used terms include summary offence, offence prosecuted summarily, or offence prosecuted by summary conviction.<\/em><\/p>\n\n\n\n

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\u201cSimple\u201d assault<\/strong><\/h3>\n\n\n\n

\u201cSimple\u201d assault is a hybrid offence. When it is prosecuted by summary conviction<\/strong>, a person is liable to imprisonment for up to 2 years less a day<\/strong>.<\/p>\n\n\n\n

When the offence is instead prosecuted by indictment<\/strong>, the offender is liable to imprisonment for up to 5 years<\/strong>.<\/p>\n\n\n\n

Assault with a weapon<\/strong><\/h3>\n\n\n\n

Assault committed while using or threatening to use a weapon is punishable by imprisonment for up to 2 years less a day<\/strong> when prosecuted by summary conviction, and by imprisonment for up to 10 years<\/strong> when prosecuted by indictment.<\/p>\n\n\n\n

Assault causing bodily harm<\/strong><\/h3>\n\n\n\n

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<\/strong> or 10 years<\/strong>, depending on the mode of prosecution.<\/p>\n\n\n\n

Aggravated assault<\/strong><\/h3>\n\n\n\n

Given the seriousness of this offence, a person can only be prosecuted by indictment<\/strong>. Aggravated assault, which endangers the complainant\u2019s life, is punishable by imprisonment for up to 14 years<\/strong>.<\/p>\n\n\n\n

2. The sentence depends on the offender\u2019s personal situation<\/strong><\/h2>\n\n\n\n

Next, the sentence depends largely on the offender\u2019s personal situation<\/strong>. In criminal law, the principle of individualized sentencing <\/strong>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.<\/p>\n\n\n\n

The sentence must also respect the principle of proportionality<\/strong>, which means it must be proportionate to the gravity of the offence<\/strong> and the offender\u2019s degree of responsibility<\/strong>.<\/p>\n\n\n\n

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\u2019s rehabilitation since the offence, their criminal record, their lifestyle, etc.<\/p>\n\n\n\n

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3. All possible sentences <\/strong><\/h2>\n\n\n\n

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<\/strong> that could be imposed on you. <\/p>\n\n\n\n

Depending on the specific circumstances of the case, a person found guilty of assault could receive the following sentences, among others: a discharge<\/a>, probation, a fine or a term of imprisonment, which could be intermittent or served in the community.<\/p>\n\n\n\n

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<\/a> in more detail.<\/p>\n\n\n\n

Sentencing table<\/strong><\/h3>\n\n\n\n

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:<\/p>\n\n\n\n
TYPES OF ASSAULT<\/strong><\/th>SENTENCES<\/strong><\/th><\/tr><\/thead>
<\/td>Mode of prosecution<\/strong><\/td>Discharge<\/td>Probation<\/td>Fine<\/td>Conditional sentence<\/td>Intermittent<\/td>Prison<\/td><\/tr>
Simple assault<\/td>Summary conviction<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td><\/tr>
Indictable
offence<\/td>		\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td><\/tr>
Assault with a weapon<\/td>Summary conviction<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td><\/tr>
Indictable
offence<\/td>		\u2714<\/td>\u2714<\/td>\u2714<\/td><\/td>\u2714<\/td>\u2714<\/td><\/tr>
Assault causing bodily harm<\/td>Summary conviction<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td>\u2714<\/td><\/tr>
Indictable
offence<\/td>		\u2714<\/td>\u2714<\/td>\u2714<\/td><\/td>\u2714<\/td>\u2714<\/td><\/tr>
Aggravated assault<\/td>Indictable
offence<\/td>		<\/td>\u2714<\/td>\u2714<\/td><\/td>\u2714<\/td>\u2714<\/td><\/tr><\/tbody><\/table>\n\n\n\n

Contact us<\/strong><\/h2>\n\n\n\n

If you are facing assault charges, contact us<\/a><\/strong>. 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. <\/p>\n\n\n