Are you or someone you know facing criminal charges and in need of a top criminal lawyer in Brampton? Criminal offences are significant and a conviction will result in a criminal record. Any type of criminal record can have a detrimental impact on your life. For instance, it may be difficult for you to travel, find employment, or retain custody of your children.
The Criminal Code of Canada outlines the most serious categories of criminal offences. There are three types in Canada: indictable, summary, and Crown electable/hybrid offences.
Go through this post to learn about them one by one in detail.
What Are Indictable Offences?
Indictable offences are considered the most serious and complicated. If you are found guilty, the severity of your penalty can range from a massive fine to prison. They can be tried by a jury; by a judge alone in the Superior Court, with or without a preliminary hearing; or by a judge alone in the Provincial Court without a preliminary hearing. However, not every crime allows an accused to elect to have a judge hear the case without a jury.
Your best option may vary depending on your charges and the specifics of your case. It may be preferable to have a trial before a judge only if you are charged with aggravated sexual assault. That is because there is likely to be sensitive or emotional evidence against you, or the majority of your defence may rely on technical or legal arguments. On the other hand, going before a judge and jury may be preferable if you have a strong legal defence that jurors can understand.
Some of the most common instances of an indictable offence include murder, human trafficking, robbery, acts of terrorism, treason, drug trafficking, and aggravated sexual assault.
One essential part of an indictable crime is that it has no statute of limitations. Indeed, a person can be charged, tried, and convicted at any time.
However, under Section 11(b) of the Canadian Charter of Rights and Freedoms, an accused person has the right to be tried within a reasonable time. The Supreme Court revisited the “reasonable amount of time” issue and put a ceiling of 18 months on cases tried in provincial court and 30 months for cases tried in a provincial court after a preliminary inquiry or cases tried in superior court.
Most indictable crimes are complicated and have serious consequences. That’s why it is important to hire a good criminal defence lawyer.
Indictable Offences: What Are the Penalties?
According to the Criminal Code of Canada, an indictable offence can carry a sentence of two years up to life in prison. From the date of their sentencing, the guilty party can be imprisoned for up to 25 years without parole eligibility. They may also face hefty fines.
What Are Summary Offences?
The term “summary” comes from the fact that these offences are prosecuted summarily; without a jury or indictment. A summary offence is considered less serious and comes with less severe penalties upon conviction. They are tried in a provincial court by a judge only.
A few examples of summary offences include trespassing, causing a disturbance or unlawful assembly, soliciting prostitution, public nudity, and breach of non-publication in a jury trial.
As per Section 786(2) of the Criminal Code, when dealing with summary conviction offences, the Crown may only lay charges against an accused for up to 18 months after the alleged incident occurs.
Summary Offences: What Are the Penalties?
The penalties for a summary offence are less severe. The maximum penalty for a summary offence is two years and a day in a provincial jail or a $5,000 fine. (If the accused is an organization, the maximum fine increases to $100,000.) Some offences, such as breach of a probation order, have higher sentences.
In the case of a summary offence, one does not need to appear in court if they have a lawyer appear on their behalf. However, the judge may order you to be present in some cases.
What Are Hybrid Offences?
People often ask whether vehicular homicide or sexual assault is an example of a hybrid offence in Canada. The Crown can choose whether an offence will be treated as a more serious indictable offence or a less serious summary offence. For a hybrid offence, the Crown can “elect” to prosecute by summary conviction or as an indictable offence.
The choice is often based on the circumstances of the crime, the accused’s criminal history, and the particular facts of the case. The Crown’s decision is not reviewable except in rare and extreme circumstances.
Some examples of a hybrid offence include:
- Impaired driving
- Assault
- Assault with a weapon
- Sexual assault
- Possession of a controlled substance
Have You Been Charged with Any of These Three Criminal Offences?
It can be highly stressful to face an indictable or summary offence charge, as the law surrounding this area is very complex. Representation by a legal professional will give you the best chance of success. That’s why you must seek the help of a criminal lawyer in Brampton. For legal assistance, connect with Saini Law. Our criminal defence lawyer will ensure that evidence is gathered legally so that you have a strong case. Furthermore, they will provide excellent legal representation to ensure that your case is presented effectively and efficiently.