Does Assault Carry a Prison Term in Canada

Assault can be a broad term covering many related criminal offences in Canada. It can cover everything from arguments that get a little “physical” to non-fatal weapon attacks. Regardless when an assault charge happens participants will likely end up in court. But does assault carry a prison term in Canada?

The answer, unsurprisingly, depends on the severity of the act itself. Any individual who commits assault and is found guilty is, at the very least, liable for imprisonment for a term not exceeding five years. This penalty increases depending on the circumstances of the assault, causing bodily harm, the involvement of a weapon and sexual assault are all more serious forms of assault that increase the maximum prison term, and the likeliness of prison time, substantially.

However, the forms of assault that carry a maximum penalty of 5 years also do not fall under the requirements for mandatory minimum sentencing in Canada. Mandatory Minimum Sentences would require prison time for an offence, with a term set by parliament rather than by a judge and are not judged on a case-by-case basis. Mandatory Minimum Sentences are unpopular among the average Canadian, so the list of what crimes qualify is steadily shrinking. Broadly speaking only Sexual Assault and Fire-Arm Assault Offences qualify for Mandatory Minimum Sentences.

That said if you have been arrested and/or charged with any manner of assault this isn’t the time to rest easy or dismiss the possibility that you could avoid prison time. Assault cases are rarely straight forward, and it is in your best interest to contact a defense attorney to determine and discuss your options as soon as possible.

Michael Bloom is a very experienced criminal defence lawyer, who started his career as a Crown Prosecutor.

If you have any questions about this article or would like to schedule a free consultation with Mr. Bloom, please call his office at (604) 603-5513 or Toll-Free at (877) 603-5513.