A fine may be imposed in two ways under the provisions of the Criminal Code:

  1. As a standalone penalty.
  2. In addition to other penalties.

Although a fine usually results in a criminal record, it can prevent jail time and may be considered a better option than the alternatives, depending on circumstances.

Speak with a Strategic Criminal Defence lawyer as early as possible in your case to discuss ways to resolve your case without a criminal record or, if a conviction is inevitable, how to reduce the impact on your future.

Is a fine realistic in your case? 3 questions to ask:

  1. Does your offence carry a mandatory minimum jail sentence? A fine can only be ordered on its own if the law doesn’t require a minimum jail term for the offence.
  2. Is your offence relatively minor, with no serious aggravating factors? Fines are most commonly used for less serious offences with no major aggravating circumstances, where jail isn’t warranted but some penalty is appropriate.
  3. Can you realistically afford to pay a fine? The court can only order a fine if it’s satisfied you have the means to pay it.

Contact us for a free, no-obligation consultation.

“If a fine is likely, it is important that you speak to your lawyer about your financial situation in advance, so we can advocate an appropriate fine and timeline to save up the necessary funds.”

Michael Oykhman, Strategic Criminal Defence

How do fines work, and when do you need to pay them?

In Calgary, you can receive a fine for:

  • Breaking laws at the federal level under the Criminal Code.
  • Breaking provincial laws, like the Traffic Safety Act.
  • Breaking City of Calgary laws, like noise bylaws.

If you break a federal law, a court can make you pay a fine under section 734(1) of the Criminal Code. For some crimes, a mandatory victim surcharge also applies on top of the fine (Section 737(1)).

Fines are not available for every criminal offence:

  • Crimes with a mandatory minimum jail sentence cannot be resolved with a fine only (though a fine can be added to the jail sentence).
  • A judge can order a fine based on how severe your crime was and how much money you have (your ability to pay).

A fine results in a criminal record unless paired with a discharge.

How much are fines for criminal offences?

There’s no single fine amount. The judge decides based on:

  • The offence.
  • Your personal circumstances.
  • Your ability to pay.

For summary conviction (less serious) offences, the Criminal Code caps the maximum fine at $5,000. Indictable offences don’t have a fixed statutory maximum; the amount is left to the court’s discretion.

FINE TYPE AMOUNT
Maximum fine (summary conviction offence) $5,000
Maximum fine (indictable offence) No fixed statutory cap; set at the court's discretion based on the offence and your ability to pay
Victim surcharge (if a fine is imposed) 30% of the fine amount*
Victim surcharge (if no fine is imposed, summary conviction) $100
Victim surcharge (if no fine is imposed, indictable offence) $200

*The victim surcharge is an additional flat fee or percentage of the fine, depending on whether a fine is imposed. The surcharge can be waived if adequate reasons are provided by the judge on the record. The percentage indicated is current for 2026, but changes frequently.

How long will you be given to pay the fine?

The criminal justice system is not designed to issue fines that people cannot pay or that cripple them financially, so you’ll be given a reasonable amount of time to pay. You may even be allowed to pay the fine off in installments.

Typically, you’ll have between one month and one year to pay the fine, depending on your circumstances.

What is the Alberta Fine Option Program?

Under the Alberta Fine Option Program, you may be able to work off your fine rather than making cash payments or going to jail. This program is available to offenders 18 years or older and is run by Alberta Justice.

For victim surcharge amounts, offenders may only participate if the failure to pay would lead to a default custody period. It’s not automatically available.

What happens if I fail to pay my fine?

Partial cash payments or completed community service hours reduce the remaining obligation, but if you fail to pay back the fine within the allotted timeframe:

  • The court may issue a warrant for your arrest.
  • You may receive an increased fine.
  • You may lose your driver’s licence.

If you agree to participate in the Alberta Fine Option Program but fail to complete it or pay the outstanding balance, you can be arrested and taken into custody to serve the default jail term.

Speak to your lawyer if you have problems meeting your repayment obligations, as we may be able to speak to the relevant parties about alternatives to an arrest warrant.

How can we help negotiate a fine?

When a judge sentences a person found guilty of a crime, and no mandatory minimum jail sentence applies to that crime, the judge may consider a fine.

During the sentencing process, both the Crown and the defence can make submissions to the judge about what would be an appropriate sentence.

If you’re charged with an offence that comes with the option of a fine, a Strategic Criminal Defence lawyer will:

  • Protect your legal rights from the start of your case to the end.
  • Explain your legal options at every stage.
  • Discuss your case early on with the police and/or Crown Prosecutor.
  • Discuss pre-trial resolutions with the Crown.
  • Propose a fine rather than jail time, if appropriate.
  • Represent you at hearings (including a sentencing hearing if necessary).

“Our initial focus will be to prevent a criminal record and its lifelong consequences. If a conviction is inevitable, our attention shifts to reducing the severity of the sentence, which may involve a fine if a discharge is not possible. We often order pre-sentencing reports and compile other evidence to support our submission to the judge.”

Michael Oykhman, Strategic Criminal Defence

Which types of offences are often resolved with fines in Calgary?

Some types of crimes are more likely to be resolved with fines than others:

OFFENCE WHY A FINE IS A REALISTIC OUTCOME
Mischief (minor property damage) Where no prior record exists, mischief charges are frequently resolved with a fine, suspended sentence, or conditional discharge.
Common (simple) assault In Alberta, simple assault is almost always treated as a summary offence; a fine is more likely with no injury and no aggravating factors.
Causing a disturbance/public intoxication Minor public-order offences with no victim harm are among the most fine-friendly outcomes.
Minor fraud Especially where restitution has been made and the offender has no record.
First-time, low-level drug possession Where there's no trafficking element and no aggravating history.
Theft under $5,000 First-time offenders with no aggravating factors are often well-positioned for a fine, discharge, or probation rather than jail.

In summary, a fine is most likely when:

  • It’s a first offence, or you have a minor/no record.
  • No violence, weapon, or significant injury is involved.
  • The offence is summary or is being treated as such by the Crown.
  • Any harm caused (property damage, financial loss) is relatively minor or has been remedied through restitution.

Testimonials

“Mr. Oykhman and his team get results. I was up against the wall with some offenses and traffic matters today and walked out of the courthouse with no criminal charges and minimal fines.”

T.M.

“It was a very stressful time for me and my first time dealing with anything of this sort but my lawyer, Laura Bobyn, worked quickly, thoroughly, and made sure I was well educated on the whole process and the possible outcomes. Laura definitely helped take a lot of the stress off my shoulders and made everything as easy and simple as possible. In the end, I won the case, and all fines were dropped.”

J.M.

“From the start, Strategic Criminal Defence has been very helpful, understanding, and amazingly professional. It was a pleasure having Michael represent me and always keeping me well informed on my case… the best possible outcome achieved.”

M.M.

Successful Cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 762078

Our client was stopped by the police for a traffic violation. While conducting the traffic stop, the police noticed that our client was on probation and asked where our client was coming from. Our client told the police that he was coming from a bar. Our client was then arrested for breaching his probation, which prohibited him from entering places where the primary purpose of the business was the sale of alcohol. After the police arrested him, they searched his vehicle and located a large amount of cash and cocaine. In the event of conviction, the Crown Prosecutor was seeking jail time.

Upon being retained, we ordered and reviewed disclosure, and were able to identify several instances where our client’s Charter rights were seriously violated during the investigation. We leveraged these breaches during negotiations and were able to secure a favorable resolution for our client. Instead of jail time, our client was only given a $600 fine with time to pay.

Successful Result: No Jail Time

Case Number: 5362240

Our client was charged with possession for the purpose of trafficking on three separate occasions after controlled substances were found in his possession.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. We began negotiating with the Crown Prosecutor and convinced them to accept a guilty plea to the lesser offence of possession on two of the counts. On the third count, we identified a significant breach of our client’s Charter rights and proceeded to trial. The Crown Prosecutor indicated that they would be seeking three years of jail upon conviction. We were successful in our application to have some of the evidence against our client excluded. As a result, our client was only convicted of the lesser offence of possession, and received a fine instead of jail.

Successful Result: Fine, No Jail

Case Number: 25280106

Our client was charged with public mischief and failure to remain at the scene of an accident after he side-swiped another vehicle while going around a curve in the road. He then left the scene and later tried to report that his vehicle was stolen in order to avoid criminal charges. However, the victims were able to identify our client in a photo lineup, and he was subsequently charged.

Upon being retained, we ordered and reviewed our client’s disclosure and began negotiating with the Crown Prosecutor. Our client had a lengthy record, and his main priority was to avoid a custodial sentence. We noted to the Crown that our client’s record was dated and unrelated to the charges at hand. The Crown agreed, and in exchange for a guilty plea to the hit-and-run charge, they withdrew the public mischief charge and only imposed a fine. Due to our strong advocacy skills, our client avoided any jail time.

Successful Result: Fine, No Jail Time

Case Number: 22280206

Our client received a violation ticket under the Traffic Safety Act for driving while unauthorized. Due to his driving record, our client was facing a jail sentence.

Upon being retained, we ordered and reviewed our client’s disclosure. His priority was to avoid jail. We negotiated with the Crown Prosecutor and were successful in convincing them to resolve the matter with a fine. As a result, our client avoided any jail time.

Successful Result: Fine, No Jail Time

FAQs

Yes, there are a few ways to get a fine lowered, but it depends on the offence and your own situation. For criminal offences, we can ask for a lower fine at your sentencing hearing if we can show that you are having trouble with money (proof of your income, expenses, and anything else that makes it hard for you to pay). Judges can lower your fines based on your situation and how much money you have.

Fines and restitution are both money penalties that can be given after a crime, but they are for different things and go to different people. Most of the time, when someone breaks the law, they have to pay a fine to the provincial government. Restitution, on the other hand, is money given directly to victims to make up for what they lost because of the crime.

No, probably not. $5,000 is the maximum fine for offences punishable by summary conviction, which covers most less serious criminal charges. However, in practice, fines typically run $150–$2,000, well below that statutory ceiling. More serious, indictable offences have no fixed maximum.

Yes, Strategic Criminal Defence can defend traffic tickets and will seek to prevent fines, demerit points, and other potential consequences if you get a ticket for a Traffic Safety Act offence, like speeding or distracted driving.

Get help resolving a criminal charge

As a top-rated criminal defence firm in Calgary, with over 750 5-star Google reviews and over 10,000 cases defended in the past two decades, Strategic Criminal Defence lawyers explore all avenues to prevent charges from seriously impacting the lives of our clients.

Our lawyers know the arguments that work best with different judges and prosecutors in Calgary. Whether reducing fines or exploring other solutions, we can help.

Contact us for a free, no-obligation consultation.

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Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 14, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410