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A. Captan
A. Captan, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 234
Experience:  I am a criminal lawyer, practicing in Toronto, Ontario, Canada.
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I'm being charged with cc266 assault. this is the first

Customer Question

Hi
I'm being charged with cc266 assault. this is the first charge to me. I'm an international student in Canada. I never had any problem with the law here and I'm a good resident.
what possible outcome from the sentence?
thank you
Submitted: 1 year ago.
Category: Canada Criminal Law
Expert:  A. Captan replied 1 year ago.

Hello:

I'm a criminal defence lawyer and can assist you with your inquiry. As per the Terms of Service, I am here to provide you with general legal information, not specific legal advice. There is no way we can "predict" an outcome or sentence in a case, by receiving only general details of the offence only. But I can give you some potential outcomes that you can consider, in light of your knowledge of the case:

(1) Withdrawn charge / Peace Bond - Ideally, you would want to walk away from this situation without being found guilty of the criminal offence. One potential outcome is if the Crown Attorney agrees to withdraw the charge, either unconditionally (which is rare) or conditionally (pursuant to a Peace Bond). These types of outcomes occur either where the Crown is convinced that no criminal offence took place, or if the Crown suspects an offence took place, the offence is a minor one where the victim received no injuries, and the offender has no prior record. A Peace Bond is an agreement with the court to follow certain conditions for a year. Once a Peace Bond is signed, the Crown withdraws the charge.

(2) A "Discharge (either Absolute or Conditional) - A discharge is the most lenient sentence one can receive in Canadian Criminal Law. A Judge can impose a Discharge after a person pleads guilty or is found guilty at a trial. A Discharge is either Absolute or Conditional. An Absolute Discharge involves no punishment at all, aside from the finding of guilt. A Conditional Discharge requires the offender to complete a period of probation, following which they are discharged Absolutely. The key to a Discharge is that the person is NOT convicted of a criminal offence.

(3) A Suspended Sentence & Probation - For more serious assault cases, which usually involve some aggravating features (ie, accused has prior record, there were injuries involved), the Crown Attorneys usually seek this type of sentence. In reality, it is essentially a probation sentence, but involves a criminal conviction.

Given that you are an international student, you need to take all possible steps to avoid a criminal conviction. This is because of what the Immigration and Refugee Protection Act (s. 36(2)) says. This law stats that a foreign national who is convicted of an offence which is punishable by indictment (including Assault) could be deemed inadmissible in Canada.

(4) Jail time - For even more serious assaults, with significant injuries and where the accused has a prior record, Jail time is a common outcome. Jail may be served either in an institution (provincial or federal) or in the community (the latter type of jail sentence is known as a Conditional Sentence of Imprisonment). Of course, given your immigration status, you want to avoid Jail because it involves a conviction.

I would strongly recommend retaining a criminal defence lawyer to help you through this.

I hope this helps. If it has, please provide a positive rating.

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