Facing assault charges in Alberta is a serious situation, and having a past criminal record can make it even more challenging. When the court reviews your case, they don’t just look at the current charges—they also consider your history.
If you’ve been convicted of a crime before, especially a violent offence, it can impact everything from bail decisions to sentencing outcomes.
Understanding how past criminal records affect assault charges is crucial for building a strong defence. In this blog, we’ll break down the key ways a criminal record can impact your case and how assault lawyers can help build a strong defence.
How A Past Criminal Record Affects Assault Charges
1. Impact On Bail Hearings
If you have prior convictions, particularly for violent offences, securing bail becomes more difficult. The court assesses whether you pose a risk to public safety. Under Section 515 of the Criminal Code, judges may impose stricter bail conditions or deny bail altogether.
Key Factors Courts Consider
- Previous convictions for violent crimes
- Past breaches of bail conditions
- Likelihood of reoffending
Defence lawyers must argue for reasonable bail conditions by demonstrating their client is not a flight risk or a danger to the public.
2. Sentencing And Penalties
A past criminal record significantly influences sentencing. Under Section 718.2(a) of the Criminal Code, judges are required to consider certain aggravating factors when determining a sentence. Repeat offenders often face:
- Longer jail terms
- Stricter probation conditions
- Higher fines
For example, a first-time simple assault offence may result in a conditional discharge, but someone with prior violent offences may receive imprisonment.
3. Impact On Plea Bargains
A criminal record can limit plea bargain opportunities. Crown prosecutors may be less willing to negotiate for a reduced charge or alternative sentencing if a defendant has a history of violent crimes.
4. Increased Scrutiny In Court
Judges and prosecutors often examine past convictions to assess credibility and character. This scrutiny can affect:
- How testimony is perceived
- The likelihood of alternative sentencing (e.g., conditional sentences instead of jail)
- Judicial leniency in sentencing
How Prior Convictions Influence Different Types Of Assault Cases
Repeat Offenders And Assault Charges
If an individual has a history of assault-related convictions, the court assumes they pose a higher risk to society. This often leads to:
- Stronger prosecution strategies
- Limited access to diversion programs
- Higher chances of imprisonment instead of probation
For instance, a second-time aggravated assault conviction carries a mandatory minimum sentence under Canadian law.
Past Non-Violent Crimes And Assault Cases
Even if past offences were not violent, they could still affect a current case. Drug charges, fraud, or theft convictions may indicate a pattern of criminal behaviour, influencing sentencing decisions.
Pardoned Convictions And Their Effect on Assault Charges
A record suspension (formerly a pardon) removes an offence from a criminal record. However, courts may still consider past convictions in some cases, especially for serious violent offences.
Defending Assault Charges With A Criminal Record
Challenging The Evidence
A defence lawyer can question:
- Credibility of witnesses
- Inconsistencies in the prosecution’s case
- Lack of physical evidence
Self-Defence or Defence of Property
Under Section 34 of the Criminal Code, self-defence is a valid legal argument. If force was used to protect oneself or another person, an assault charge could be dismissed.
Negotiating Alternative Sentencing
For individuals with past convictions, defence lawyers may negotiate for:
- Conditional sentences
- Anger management programs
- Restorative justice measures
Record Suspension Applications
If eligible, applying for a record suspension may prevent past convictions from influencing a current case. This process, overseen by the Parole Board of Canada, can improve legal outcomes.
What To Do If You Have a Criminal Record
- Hire an experienced criminal defence lawyer
- Understand your legal rights under Canadian law
- Prepare for bail hearings and sentencing negotiations
- Explore record suspension options
Legal representation can make a significant difference in reducing penalties or even having charges dismissed.
How A Professional Assault Lawyer Can Help
At Daryl Royer Criminal Law, we are committed to providing strong, strategic, and results-driven defence for individuals facing criminal charges in Alberta.
With extensive experience in assault, homicide, and violent crime cases, our firm is dedicated to protecting the rights of those accused. We understand the complexities of the Canadian legal system and work tirelessly to ensure our clients receive a fair trial and the best possible outcome.
Located in Edmonton, we serve clients across Alberta, offering professional, discreet, and results-focused legal representation. So, if you need legal representation, contact us today.