If you or someone you know has been charged with a criminal offence, the Criminal Code of Canada will stipulate whether it will be a summary or indictable conviction. There is also a third kind of offence where the Crown decides how they will proceed—summarily or by indictment—known as a ‘hybrid offence’. The type of offence, the harm committed, and the actions of the accused help determine the seriousness of the charges.
The difference between a summary and an indictable conviction is significant, as the class of the offence dictates the seriousness of the conviction. It also influences the level of court, sentencing, and appeal routes.
For someone charged with a criminal offence, it is in their best interests to contact one of the best criminal defence lawyers in Brampton. They can represent you in court and fight to achieve the best possible outcome. Plus, their understanding of Canada’s laws ensures that they are aware of the options accessible to you and applicable to your case.
Remember, having a criminal record can have a huge negative impact on your life. This post explores the difference between summary and indictable convictions to ensure you are well informed and can make the best decisions for your case.
Summary vs. Indictable Convictions Explained by One of the Best Criminal Defence Lawyers in Brampton
Read this post covering the basics of summary and indictable convictions, as provided by one of Brampton’s best criminal defence lawyers.
Summary Conviction
Considered the less serious of the two, summary convictions make up a small number of the offences in the Criminal Code of Canada, including public nudity.
Summary convictions in Canada have certain unique aspects compared to indictable ones. For instance, a one-year limitation period is generally applicable to all summary conviction offences or if the Crown proceeds by summary conviction. Furthermore, someone charged with a pure summary conviction offence does not need to submit their fingerprints to law enforcement authorities upon conviction or after arrest. And when someone is accused of a summary conviction offence, their appeal is heard in the Superior Court of the relevant jurisdiction instead of the Court of Appeal.
Examples of Summary Convictions:
Here are a few examples of straight summary conviction offences in Canada:
- Solicitation of prostitution
- Unlawful assembly
- Harassing phone calls
- Fraudulently obtaining transportation
- Public nudity
- Vagrancy
- Trespassing at night
It is important to note the few instances of straight summary conviction offences in Canada. Know that numerous other offences also fall into the same category. If someone has been accused of a summary conviction offence, they should speak to one of the best criminal defence lawyers in Brampton to understand their options and rights.
Indictable Conviction
This is reserved for the most severe offence under Canada’s criminal code, with these charges given to individuals accused of brutal crimes. Some examples of indictable conviction offences include certain types of sexual assault, drug trafficking, and murder.
Individuals charged with an indictable offence have the right to choose a judge trial in a provincial or superior court or a jury trial. However, not every accused is entitled to a preliminary hearing or a trial with a jury or judge. Furthermore, only some types of offence will permit the accused to choose a trial with a judge and without a jury unless the prosecutor also consents.
If you are charged with an indictable offence, it is essential to properly discuss your options and rights with one of the best criminal defence lawyers in Brampton. This professional will help you understand the charges against you and guide you on the best way to proceed.
On the other hand, if you have been charged with 2nd-degree murder, seek legal representation from an experienced 2nd-degree murder lawyer in Brampton immediately. They are your best bet for building a strong defence and will ensure that your rights are protected.
Examples of Indictable Convictions
Some of the most prominent examples of indictable offence charges include:
- Terrorism
- Murder
- Manslaughter
- Breaking and entering
- Aggravated assault
- Trafficking
If you or someone you know has been charged with an indictable offence, remember that you have the right to a fair trial. With a skilled criminal defence lawyer by your side, you can ensure that your rights are protected and that you receive a fair hearing. Being charged with a criminal offence is a serious issue and should not be taken lightly. The repercussions can be long-term and life-changing. Being found guilty of committing an offence will have a negative impact on their life, family, employment opportunities, and future. If you are facing criminal charges, whether for a summary or indictable offence, get in touch with one of the best criminal defence lawyers in Brampton to protect your future. Facing such charges alone carries incredible risk, and you could potentially face life imprisonment upon being found guilty.