If you are facing criminal charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

In Canada, jail sentences are punishments given by judges to people who have broken the law and been found guilty of a crime.

There are two main types of prison sentences. People who get less than two years in prison go to jails in their province or territory. People who are sentenced to two years or more go to federal penitentiaries run by the Correctional Service of Canada.

Judges consider a lot of factors when they decide how long someone should have to serve in jail. These factors include how serious the crime was, whether the person has been in trouble before, and what the law says about the shortest and longest sentences.

For some offences, the judge has to give a minimum sentence.

After serving part of their sentence, some offenders may be released on parole, where they finish serving their sentence in the community. When they do so, they are still under supervision the entire time.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of a criminal offence beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights. Contact a Calgary Jail Sentence lawyer today by calling (403) 719-6410.

Key Takeaways

  • In Canada, jail sentences range from short periods (a few days) for minor offences to life imprisonment for the most serious.
  • The length of time someone will spend in jail depends on the offence. For example, summary conviction offences, which are less serious, usually have a maximum jail term of two years.
  • More serious crimes, called indictable offences, often result in longer sentences.
  • For many offences, judges have discretion when imposing sentences and must consider factors like your criminal history, your circumstances, and personal situation.
  • You might be able to get out on bail while you wait for your trial. Your release conditions could include giving up your passport, checking in with a supervisor, following curfews, or staying away from certain people or places.
  • Even if you’re charged with a serious offence that could result in jail time, skilled legal representation can help reduce or avoid jail sentences through:
    • Challenging the Crown’s evidence
    • Negotiating plea agreements for reduced sentences
    • Presenting strong sentencing submissions about rehabilitation potential
    • Arguing for alternative sentences like conditional sentences or probation
  • First-time offenders for non-violent crimes often have stronger chances of avoiding jail through alternative sentencing options, especially with proper legal representation.
  • People who commit less serious crimes can sometimes avoid going to jail by doing community service, going to counselling, or going to a restorative justice program.

How Our Lawyers Help With Jail Sentences

Before any charges are even filed, our lawyers can help you navigate police investigations and questioning. 

  • Our legal advice can help you know what your rights are from the beginning.
  • Our lawyers know how to navigate the rules of Calgary’s criminal justice system and put the best possible representation forward for you.
  • A Strategic Criminal Defence lawyer can collect evidence, especially supporting evidence that there are other appropriate options besides jail.
  • This can include character references, proof of employment, and proof of community ties or efforts to get better.
  • During the sentencing hearing, our lawyers can make a strong case for alternatives that could lower your sentence and/or present options that can address the court’s concerns about public safety and rehabilitation.

Examples of Criminal Charges That Typically Result in Jail Sentences

  • A man was charged with armed robbery under Section 344(1)(b) of the Criminal Code after entering a convenience store with a knife and demanding money from the cashier. He escaped with $300 but was identified through security footage. Because he used a weapon during the robbery, he faces a mandatory minimum sentence of four years in prison if convicted. Armed robbery is an indictable offence that carries a maximum penalty of life imprisonment.
  • A woman was charged with aggravated assault under Section 268 of the Criminal Code after a bar fight where she struck someone with a broken bottle, causing permanent scarring to the victim’s face. Aggravated assault is an indictable offence with a maximum penalty of 14 years in prison. Since the assault involved a weapon and caused serious disfigurement, she is likely facing a jail sentence of 2-5 years if found guilty.
  • A student was charged with break and enter of a dwelling house under Section 348(1)(d) of the Criminal Code after he broke into an occupied home at night and stole electronics and jewelry. This is an indictable offence with a maximum penalty of life imprisonment. Because the home was occupied at the time, making this a more serious form of the offence, he likely faces a jail sentence of 2-4 years if convicted, even as a first-time offender.

Consequences of a Jail Sentence in Canada

If you receive a jail sentence in Canada, it means that the court found you guilty of a crime that was serious enough to put you in jail. The effects of a sentence can last long after you get out of jail. They have an impact on many areas of your life before, during, and after your sentence.

  • Jail sentences in Canada range from as short as one day to life imprisonment without possibility of parole for 25 years for the most serious crimes like first-degree murder.
  • The longest jail sentence for summary conviction offences (less serious crimes) is usually two years.
  •  Indictable offences (more serious crimes) can result in longer jail terms, sometimes up to life imprisonment.
  • Hybrid offences give prosecutors the choice to proceed either by summary conviction or by indictment, depending on the circumstances of your specific case.
  • Fines can be imposed alongside jail sentences for many offences. Like jail terms, the amount varies widely depending on the offence, ranging from a few hundred dollars to unlimited amounts for some financial crimes.
  • When you receive a jail sentence, you’ll typically serve your time in a provincial correctional facility if your sentence is less than two years, or a federal penitentiary for sentences of two years or more.
  • When you go to jail, you not only lose your freedom right away, but you also receive a criminal record. This can make it harder to find a job, travel to other countries (especially the US), and even find a place to live.
  • Many professional licences and certifications also become unavailable to those with criminal records, particularly for crimes related to dishonesty or violence.

Frequently Asked Questions

Not all the time. Courts have to look at all the possible sentences before sending someone to jail. Generally judges should give the least restrictive sentence that still meets the goals of sentencing. This means that you should only serve your sentence in custody when it’s really necessary. However, some offences have required minimum sentences which have to be followed.

Yes, in some cases you can only do your time on the weekends. This is what is called a “intermittent sentence.” If your sentence is 90 days or less, you can choose this option. During the week, you can keep working, going to school, or taking care of family duties.

In Canada, there are two kinds of correctional facilities: prisons and penitentiaries. The type of facility you go to will depend on how long your sentence is. Because of this difference, you will have to serve your time in a different place and be able to join different programs.

People who are serving sentences of less than two years live in provincial prisons, which are also known as jails, correctional centres, or detention centres. If you get a sentence of “two years less a day” or less, you’ll spend your time in a provincial prison in your province or territory. People who are waiting for their trial and haven’t been granted bail (called “remand”) are also kept in provincial prisons.

People who are serving sentences of two years or more live in federal prisons. The Correctional Service of Canada (CSC), a federal agency, is in charge of these sites. There are different levels of security in federal prisons.

Even after you’ve served your time, going to jail has a big impact on your future in many ways.

Having been in jail makes it harder to find a job. Some jobs, like those in healthcare, education, finance, security, and childcare, can’t hire people who have been convicted of a crime. Many employers check criminal records. When you apply for jobs, you might have to tell the companies that you were convicted.

Another negative effect is that sometimes people with a criminal record can’t travel. The US can refuse entry to Canadians, especially if they have a criminal record for certain offences.