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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