Being convicted of a crime is a life-altering experience. If you or a loved one are facing sentencing, fear and uncertainty are normal. Understanding the potential sentences, how judges decide, and the far-reaching consequences is crucial for navigating this difficult stage.
The Penalty Phase: After a guilty verdict (by trial or plea), a sentencing hearing is held (sometimes much later). This is where the judge decides the consequences you’ll face.
Judges Have Guidelines: Sentencing isn’t random. Judges must consider:
Victim Impact: Increasingly, victims are allowed to make statements about how the crime has affected them. This plays a significant role in sentencing decisions.
Jail Time (Incarceration): This can range from days to life in prison, depending on the severity of the crime. Even short jail terms have lasting impacts.
Probation: A period of supervision in the community, with strict conditions like curfews, counseling mandates, restrictions on associating with certain people, etc. Violating probation usually means jail.
Fines: You may have to pay large sums of money, either alone or on top of other penalties. Non-payment can have serious consequences.
Conditional Sentences (“House Arrest”): Serving your sentence in the community under extremely strict conditions. This is usually reserved for less serious offences, and judges are increasingly reluctant to grant them.
Other Possibilities: These include peace bonds, absolute discharges, weapons bans, driving prohibitions, restitution orders (paying money to the victim), community service, treatment programs, and more.
Criminal Record: In many instances, even after your sentence is complete, a record remains. This makes finding jobs, travel, housing, or getting loans extremely difficult, sometimes for life.
Loss of Rights: Sentences can mean loss of your right to own firearms, impact child custody arrangements, or even (in rare cases) lead to deportation if you’re not a Canadian citizen.
Employment & Education: Many jobs ask about criminal history, and schools may deny admission based on convictions.
The Stigma: Even post-sentence, the label of “convict” can follow you, harming your reputation and impacting personal relationships.
Mitigation is Key: Your lawyer gathers powerful evidence (character references, proof of addiction treatment, employment records, etc.) to argue for the least restrictive sentence possible, and paint you in a positive light.
Sentencing Submissions: Lawyers make both written and oral arguments to the judge, persuading them to see your case in the most favourable light, and to consider alternatives to incarceration.
Protecting Your Future: A lawyer may be able to negotiate certain sentence conditions that help you keep your job, or lessen the long-term consequences of the conviction.
Appeals: If the sentence seems extremely harsh or unfair, a lawyer can advise on whether an appeal is a viable option, and what the grounds for appeal might be.
No, judges have discretion within certain ranges set by law. Your lawyer fights for a sentence at the lower end of the range.
Jail is for shorter sentences (under two years), run by the province. Prison is federal, for more serious crimes.
The process is now called a “record suspension”. It’s not automatic, there are waiting periods, and it doesn’t fully erase the record. A lawyer can help you navigate this.
Usually you need permission from your probation officer, and international travel may be impossible depending on your conviction.
Sometimes this is incorporated into the sentence, either formally, or as a way to show remorse that might reduce your punishment.
The sentencing phase is stressful and complex. Using our vast experience and honed skill, we will:
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