What sentence could I get after a guilty plea or finding of guilt?

An absolute or conditional discharge means the court finds you guilty but doesn't register a conviction. An absolute discharge has no conditions and is removed from the national police database (CPIC) after one year; a conditional discharge comes with up to three years of probation and is removed after three. Discharges aren't available for every offence: under section 730, they can't be used where the offence has a mandatory minimum or is punishable by 14 years or life.

A suspended sentence means the judge holds off on a specific penalty and releases you on probation instead, with conditions like reporting to a probation officer, counselling, or a curfew, for up to three years. Unlike a discharge, it's a conviction and stays on your record unless you later apply for a record suspension. The victim surcharge, once an automatic add-on, was struck down as unconstitutional in 2018 (R. v. Boudreault); since the 2019 amendments, judges again have discretion to waive or reduce it for undue hardship.

A conditional sentence lets you serve a sentence of less than two years in the community, often under strict conditions like house arrest, instead of in jail. Since Bill C-5 took effect in November 2022, more offences became eligible again after earlier restrictions were repealed. Since July 2026, they aren't available for sexual assault or child sexual offences prosecuted by indictment. The judge still has to be satisfied the community won't be put at risk. An intermittent sentence is different: it applies to jail sentences of 90 days or less, served in blocks such as weekends, so you can keep working during the week.

Under sections 718 to 718.2, judges weigh several goals at once: denouncing the conduct, deterring the offender and others, protecting the public, and supporting rehabilitation. They look at aggravating factors (abuse of trust, a weapon, planning) and mitigating ones (a guilty plea, no record, genuine remorse), and often order a pre-sentence report. For Indigenous offenders, section 718.2(e) requires the court to consider their background and systemic factors, often through a Gladue report. Jail under two years is served provincially; two years or more goes federal. Some offences carry a minimum jail term. In rare cases a judge can now go lower. Our plea page covers how the decision to plead gets made.

Yes, even a light one. Under the Immigration and Refugee Protection Act, a non-citizen can be found inadmissible for "serious criminality" if convicted of an offence with a maximum penalty of 10 years or more, or if a jail sentence of more than six months is imposed. A conditional sentence served in the community doesn't count toward that six months. The test is lower for a foreign national such as a student, worker or visitor: one conviction for a hybrid or indictable offence can be enough on its own. For a permanent resident, a jail term of six months or more can also remove the right to appeal a removal order. Speak to an immigration lawyer if this could apply to you.