Charges for assault or violent crimes in Alberta are serious matters—even more so if the defendant has prior convictions for such offences.
A past criminal record involving violent offences is considered during several phases of the criminal process, from bail hearings to the trial and sentencing. Any evidence of repeat offending is unlikely to receive much leniency from judges.
In such challenging situations, it is essential to work with a criminal defence lawyer to present the best defence possible to avoid a conviction and/or mitigate the consequences for the future.
Let’s look at how the Alberta courts assess criminal history and the potential influence on criminal convictions.
Sentencing principles under Canadian criminal law
The main sentencing objectives outlined in the Criminal Code of Canada are:
- Denunciation: publicly condemning unlawful conduct and the harm it causes to victims or the community.
- Deterrence: discouraging the offender from reoffending and deterring others from committing similar offences.
- Rehabilitation: assisting offenders in reforming their behaviour and reintegrating into society through supportive measures.
- Protection of the public: isolating dangerous offenders from society when necessary to ensure safety
Judges in Canada generally have some degree of discretion when sentencing. However, if mandatory minimum sentences must be imposed under the Criminal Code, this limits flexibility for judges.
What is clear is that first-time offenders are far more likely to be shown some leniency than repeat offenders.
What counts as a “prior conviction” for assault or violence?
Assault-related and violent offences in Canada include the following:
- Assault (sometimes called “simple assault”)
- Assault causing bodily harm
- Assault with a weapon
- Assault by choking
- Aggravated assault
- Sexual assault
- Sexual assault with a weapon
- Aggravated sexual assault
- Domestic assault
Youth records may also be considered as prior convictions during adult sentencing in Canada. This is the case primarily if the adult offence occurs within the youth record’s access period or if the record is reopened.
How prior violent convictions influence sentencing
Past convictions for any of the above assault/violent offences can impact sentencing for further offences. They are routinely considered aggravating factors in sentencing for subsequent offences under Section 718.2(a) of the Criminal Code.
Prior convictions often lead to harsher penalties, which may include:
- Mandatory terms of imprisonment.
- Jail time as opposed to a conditional sentence.
- A longer period of incarceration than a first-time offender.
- Stricter probation conditions than for a first-time offender.
- Higher fines.
For instance, a first-time offender on a simple assault charge may be able to escape with a conditional discharge but someone with a prior violent offence may face imprisonment.
A criminal record can also limit opportunities for plea bargains, which can be effective in limiting the consequences for some offenders. If a defendant has a history of violent crimes, Crown prosecutors are generally less willing to negotiate for a reduced charge, alternative measures, or diversion programs.
Past convictions can affect criminal cases before sentencing, too. Judges and prosecutors often examine past convictions when assessing the credibility and character of a defendant. This can affect how testimony is perceived, as well as the severity of punishment for a conviction.
Ultimately, repeated violent behaviour (or charges related to drugs, fraud, theft, etc.) suggests to the court that previous sentencing measures were not sufficient to deter or rehabilitate the offender. Therefore, progressively harsher penalties are justified for subsequent offences to maintain proportionality and public protection.
Is sentencing affected if charges were withdrawn, stayed, or pardoned?
Withdrawn or “stayed” charges do not count as convictions. Therefore, they have no direct impact on sentencing as prior convictions under Canada’s Criminal Code.
However, while a record suspension (formerly called a “pardon”) removes the offence from the criminal record and background checks, the court may still have access to the conviction record and consider it for sentencing some offences.
Mandatory minimums and repeat offences
Certain offences carry mandatory minimum terms of imprisonment under Canadian law. However, under current laws, recidivist violence is not subject to the same level of mandatory sentencing as impaired driving or firearms offences.
A second offence for firearm possession carries a mandatory minimum prison sentence of three years, for instance.
While repeat violent offenders face escalated sentences via aggravating factor principles, no fixed minimums apply to general violence like assault.
Under the new 2025 legislation, stricter bail, consecutive sentences, and new aggravating factors for repeat violent offenders have been introduced. However, these focus on harsher terms without new minimums for violence itself.
Domestic violence and prior assault convictions
Domestic violence cases attract heightened judicial scrutiny in Canada. Prior assaults in a domestic context are treated as particularly aggravating, often resulting in stricter bail conditions, denial of release, or escalated sentences upon conviction.
No-contact orders are standard for accused persons, and custodial sentences carry significant risk given the emphasis on victim protection and deterrence.
Mitigating factors that can reduce the impact of prior convictions
Consulting with a criminal defence lawyer experienced in representing repeat offenders should be a priority if you are facing new charges.
A seasoned criminal defence lawyer will protect your rights and present mitigating factors that can reduce the impact of prior convictions. Mitigating factors may include:
- A significant time has elapsed since the previous offence(s).
- Rehabilitation, such as counselling, anger management, substance abuse treatment, etc.
- Entering guilty pleas and acceptance of responsibility.
Call us to arrange a confidential consultation
If you are facing a criminal charge with a prior conviction for assault or another violent offence, it is essential to seek legal help from an experienced criminal defence lawyer.
To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.
