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