I AM CHARGED WITH ASSAULT—WHAT IS A PEACE BOND AND CAN I GET ONE?

Charged with Assault

In some circumstances where you are charged with assault, the prosecution may offer a peace bond or your lawyer may be able to resolve the matter with the Crown Attorney by way of a peace bond through negotiations. A crown is more inclined to offer a Peace Bond if the assault was relatively minor in nature and if you have no criminal record or a small criminal record with unrelated offences. Additionally, the Crown Attorney will likely seek a victim impact statement from the complainant or have a conversation with them to see if they feel as though a Peace Bond is fair and will properly address the principles of sentencing.

WHAT IS A PEACE BOND?

A peace bond often makes a good resolution option with the Crown if it becomes available to you. A peace bond is a court order requiring the accused to keep the peace and be of good behavior from a certain period of time. To be of good behavior may encompass a number of responsibilities, but namely, a person cannot be charged with a criminal offence while subject to a peace bond. If you are a person entering the peace bond than the court will provide you with a copy. A peace bond can be made for a period of up to twelve months and once the period ends the peace bond comes to an end automatically. Once it is over, you are no longer required to abide by the conditions attached to the peace bond.

ENTERING A PEACE BOND IS NOT AN ADMISSION OF GUILT

Entering into a peace bond is not admitting that you are guilty and it will not result in a criminal record. With that said, there will be a record of the peace bond during the material term. When you enter into a peace bond what you are acknowledging is that the complainant has reasonable grounds to fear for his or her safety, the safety of his or her spouse or child, or the safety of his or her property.

WHAT IS THE PENALTY FOR ASSAULT?

For Assault level 1 or simple assault the maximum penalty is six months in jail and/or up to a $5000.00 fine for summary conviction, and five years if the Crown elects to proceed by indictment.  Assault with a Weapon or assault causing bodily harm charges, the maximum penalty is eighteen months in jail for a summary conviction and ten years if the Crown elects to proceed by indictment. Lastly, for aggravated assault, the maximum penalty is fourteen years. With that said, often times we are able to secure no jail at all to our clients depending on the allegations.

CONTACT A LAWYER IMMEDIATELY

A conviction for assault can be very serious and impact your life in various ways such as travel and employment. Our advice is to contact a lawyer immediately to avoid any adverse influences to your case and begin working towards a good result.

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