Maximum Sentence
5 years (indictable) / 2 years less a day (summary)
Classification: Hybrid
🍁 Immigration Impact
Simple assault is a hybrid offence. The 5-year maximum means it falls under IRPA s.36(2) criminality rather than s.36(1) serious criminality. Deemed rehabilitation may be available after 10 years from sentence completion.
Legal Text — Criminal Code s. 266
Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.
Amendment History (1)
R.S., 1985, c. C-46, s. 266
Related Sections
s. 265AssaultHybrids. 267Assault with a Weapon or Causing Bodily HarmHybrids. 268Aggravated AssaultIndictable
Official Source: Justice Canada — Criminal Code s. 266 (authoritative, may differ from this display)
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