When clients call us to ask what the punishments are in BC for domestic violence, it’s difficult to give an exact answer. The term “domestic violence” encompasses numerous offences a person could be charged with. Being convicted of a domestic violence offence in British Columbia carries a wide range of punishments.
These punishments will all depend on what offence you have actually been charged with.
Some of the things you could be charged with include uttering threats or assault. There are different offences categorized as assault including simple assault, assault with a weapon, and assault causing bodily harm. Even sexual assault can be considered domestic violence if it happens in the context of a relationship. Obviously, this is a very wide range of offences, and they all have their own set of consequences.
Depending on what you’re actually charged with, the result of the case could vary from a peace bond or probation, all the way to years of jail time, all of which will depend on your record and the facts related to the charge.
With assault, there’s a huge range as far as the seriousness of punishment and there’s a victim as well, whose views are going to have to be considered. Then there are other factors the judge has to consider along with the victim like if they and the accused person have children, or if they have an ongoing family court matter, these will all make a case more complicated.
For simple assault, there is no minimum sentence, but it can be prosecuted in two different ways. It could either be prosecuted on a summary conviction or it could be indictable. Still, either way, even with the most serious cases of simple assault, if it’s an indictable prosecution, the maximum sentence is five years in jail.
It’s pretty rare for people to actually get the maximum sentence however, so the likely sentences for simple assault will be either a peace bond, which is not actually a criminal conviction or an absolute discharge or a conditional discharge, which ends up being a form of probation.
The sentence can also be increased depending on your record and the facts of the case.
Domestic violence could also be assault with a weapon, and the maximum is 10 years. For aggravated assault, if you’ve wounded, maimed, disfigured or endangered someone’s life, the maximum sentence is 14 years in jail. In a sexual assault case, the maximum sentence is 10 years, but that length goes up from there if it’s sexual assault with a weapon.
For most people, if it’s the first time they’re being charged with something, their punishment is most likely going to be some form of probation or a peace bond.
So, when it comes to predicting the punishment of an assault, we can’t really tell what will happen to you, because it’s not a simple answer. Don’t hesitate to call us if you have been charged with a domestic assault charge, we’re here to help.