If found guilty you may be generally liable to (in order of severity):
- An absolute or conditional discharge (you receive no criminal record although you have pleaded guilty to a criminal offence)
- A fine
- A restitution order (i.e. an order requiring that you make a form of compensation)
- Probation (release on specified conditions such as being of good behaviour or staying away from the victim)
- Community service (an order requiring you to perform volunteer work in the community)
- Imprisonment (either on a form of house arrest, known as a Conditional Sentence Order, or else in a prison)
Sentences vary by charge. The table below covers the minimum and maximum penalties for common charges.
| OFFENSE | C.C. SECTION | SUMMARY/ INDICTABLE | MIN. PENALTY | MAX. PENALTY | CONDITIONAL SENTENCE (S. 742.1) |
|---|---|---|---|---|---|
| Assault | 265, 266 | Indictable or summary | 5 years (indictable) | Available | |
| Aggravated assault | 265, 268 | Indictable | 14 years | No, as it is an offense prosecuted by way of indictment with a max term of 14 years (s. 742.1(c) | |
| Assault causing bodily harm | 265, 267 | Indictable or summary | 10 years (indictable)18 months (summary) | No, if this offense, resulting in bodily harm, is prosecuted by way of an indictment, with a max term of 10 years(s. 742.1(e)) | |
| Sexual assault | 265, 271 | Indictable or summary | 1 year (indictable + when the complainant is under 16)90 days (summary + when the complainant is under 16) | 10 years (indictable)18 months (summary) | No, if it is prosecuted by way of an indictment (s. 742.1(f)) or if it involves a complainant under 16, whether by summary or indictment as it carries a min term of imprisonment (s.742.1(b)) |
| Aggravated sexual assault | 265, 273 | Indictable | 4 years (firearm used)5 years (complainant under 16)5 years for the 1st offense and 7 years for any subsequent offense under the circumstances described below (restricted/ prohibited firearm used OR any firearm used for the benefit or, at the direction of or in association with a criminal organization) | Life | No, as it is an offense prosecuted by way of indictment with a max term of lifetime imprisonment (s. 742.1(c) |
| Possession of child pornography | 163.1(4) | Indictable or summary | 6 months (indictable)90 days (summary) | 5 years (indictable)18 months (summary) | No, as it carries a min term of imprisonment (s. 742.1(b)) |
| Sexual interference | 151 | Indictable or summary | 1 year (indictable)90 days (summary) | 10 years (indictable)18 months (summary) | No, as it carries a min term of imprisonment (s. 742.1(b)) |
| Theft | 322, 334 | Indictable (over $5,000 or when a testamentary instrument is stolen)Indictable or summary ($5,000 or under) | 10 years (over $5,000 or when a testamentary instrument is stolen)2 years ($5,000 or under + indictable offense) | No, if it is a theft over $5,000 and is prosecuted by way of an indictment (s. 742.1(f)) | |
| Fraud | 380, 380.1 | Indictable (over $5,000 or involves a testamentary instrument)Indictable or summary ($5,000 or under) | 14 years (over $5,000 or involves a testamentary instrument)2 years ($5,000 or under + indictable offense) | No, if it is prosecuted by way of an indictment, with a max term of 14 years (s. 742.1(c)) | |
| Impaired driving | 253, 255 | Indictable or summary | 1st offense: $1,0002nd offense: 30 days’ of imprisonmentSubsequent offense: 120 days of imprisonment | 5 years (indictable)18 months (summary) | No, if it is a 2nd or subsequent offense as it carries a min term of imprisonment (s. 742.1(b)) |
| Dangerous driving | 249 | Indictable or summary | 5 years (indictable) | Available |
