In the Canadian legal system, criminal offences are categorised into two types: summary offences, and indictable offences. If you are facing a criminal charge in British Columbia, understanding how these charges vary, and what you will face under each category, is critical. Today, the Sarah Leamon Law Group will ensure you understand everything there is to know about both summary offences and indictable offences, the differences between them, and how it could impact the outcome of your case.
What is a Summary Offence?
Summary offences are considered less severe in Canada. Skilled legal representation will always be the key to driving the most successful case outcomes possible, no matter how severe the infraction may be.
However, summary offences are typically dealt with through a simpler, more expedited judicial process. They are minor infractions, where significant harm or injury to property or individuals did not occur. This means criminal charges like petty theft, public intoxication, minor assault, and traffic violations such as speeding or parking infractions.
Summary offences will typically go to trial before a provincial court judge, with no jury involved. The procedures are less formal than with indictable offences. The penalties are also usually lighter, drawing from fines, community service, probation, or short-term imprisonment, usually for a maximum of six months.
Something to know about summary offences is that they must be prosecuted within a specific timeframe laid down by the courts and the Crown. These range from 6 months to one year from the date of the alleged offence. If the courts have failed to initiate prosecution within the acceptable time frame, the charges can be dismissed.
What are Indictable Offences?
On the other hand, indictable offences are serious criminal offences, where a more formal and thorough legal process is needed. This term covers charges where there was substantial harm (or potential harm) to individuals or society. They often carry far stiffer penalties. Examples of indictable offences include murder, sexual assault, armed robbery, and drug trafficking.
Due to the serious nature of these crimes, indictable offences have a more complex legal process. The accused is entitled to a trial by jury in a superior court, in a rather formal setting, and both prosecution and defence will require legal representation. Due to the more complex nature of the proceedings, and the serious nature of the offences, it is normal for there to be multiple court appearances and extensive evidence presentation.
Client Testimonials
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Dealing with the Sarah Leamon Law Group was an absolute pleasure. They were friendly and efficient in communicating with me, and dealt with my case in a timely manner. They were thorough and meticulous in putting together a strong case that resulted in a WIN. Highly recommend their services.
K.R., Google Review
Sarah Leamon is amazing! She got back to me right away even though she was out of office! She not only jumped on my file quickly, she also got my prohibition reduced from 7 Months to 3 Months a BIG win in my eyes!!
Lawyer Ratingz Review
From my initial contact with Sarah, providing me with detailed information on next steps, to answering all my questions throughout the process and the representation (thank you, Hyemin!), the service offered by Sarah Leamon Law Group was top notch. Would highly recommend.
S.S., Google Review
Hyemin at Sarah leamon law group is a very respectful, kind, and bright lady. Their team was thorough with my case making the process less worrisome. Would recommend 10/10.
M., Google Review
Have had Sarah as my go-to for any and all my traffic issues. She is very compassionate and is excellent at explaining every part of the process and keeping your stress level way down. Multiple times ive hired Sarah and i am always completely confident she will get the best result, as she has done time and time again. wouldn't go anywhere else, definitely #1 in my eyes!
M.W., Google Review
Dealing with the Sarah Leamon Law Group was an absolute pleasure. They were friendly and efficient in communicating with me, and dealt with my case in a timely manner. They were thorough and meticulous in putting together a strong case that resulted in a WIN. Highly recommend their services.
K.R., Google Review
Sarah Leamon is amazing! She got back to me right away even though she was out of office! She not only jumped on my file quickly, she also got my prohibition reduced from 7 Months to 3 Months a BIG win in my eyes!!
Lawyer Ratingz Review
From my initial contact with Sarah, providing me with detailed information on next steps, to answering all my questions throughout the process and the representation (thank you, Hyemin!), the service offered by Sarah Leamon Law Group was top notch. Would highly recommend.
S.S., Google Review
Hyemin at Sarah leamon law group is a very respectful, kind, and bright lady. Their team was thorough with my case making the process less worrisome. Would recommend 10/10.
M., Google Review
Have had Sarah as my go-to for any and all my traffic issues. She is very compassionate and is excellent at explaining every part of the process and keeping your stress level way down. Multiple times ive hired Sarah and i am always completely confident she will get the best result, as she has done time and time again. wouldn't go anywhere else, definitely #1 in my eyes!
M.W., Google Review
Dealing with the Sarah Leamon Law Group was an absolute pleasure. They were friendly and efficient in communicating with me, and dealt with my case in a timely manner. They were thorough and meticulous in putting together a strong case that resulted in a WIN. Highly recommend their services.
K.R., Google Review
Sarah Leamon is amazing! She got back to me right away even though she was out of office! She not only jumped on my file quickly, she also got my prohibition reduced from 7 Months to 3 Months a BIG win in my eyes!!
Lawyer Ratingz Review
From my initial contact with Sarah, providing me with detailed information on next steps, to answering all my questions throughout the process and the representation (thank you, Hyemin!), the service offered by Sarah Leamon Law Group was top notch. Would highly recommend.
S.S., Google Review
Hyemin at Sarah leamon law group is a very respectful, kind, and bright lady. Their team was thorough with my case making the process less worrisome. Would recommend 10/10.
M., Google Review
Have had Sarah as my go-to for any and all my traffic issues. She is very compassionate and is excellent at explaining every part of the process and keeping your stress level way down. Multiple times ive hired Sarah and i am always completely confident she will get the best result, as she has done time and time again. wouldn't go anywhere else, definitely #1 in my eyes!
M.W., Google Review
Penalties are set with the severity of the crime in mind. They can include lengthy prison sentences, significant fines, and other hefty punitive measures. For the most severe offences, such as murder, life imprisonment may even be on the table. The death penalty has been abolished in Canada since 1976, however.
Unlike summary offences, there is no limitation on the time of prosecution for indictable offences. Someone facing these charges can be brought to trial anytime after the offence was committed, provided there is sufficient evidence for the charge.
What Are Hybrid Offences?
While most criminal charges in British Columbia fall into one or the other category, there is something known as hybrid offences to consider, as well. This means the charge can be prosecuted either summarily, or by indictment. The decision is based on how severe the offence is, the defendant’s prior record, and anything else deemed relevant to the matter.
No matter what class of offence you are being prosecuted under, securing experienced legal counsel is a critical step to ensuring the best possible outcome of your criminal case. If you are in need of help with criminal charges in the wider British Columbia area, take advantage of your free initial consultation with the Sarah Leamon Law Group today- our helpful team is waiting to hear from you.
