Jail sentences are punishments given by judges to people who plead guilty to breaking the law or are found guilty of a crime.

Unless the offence includes a mandatory minimum jail sentence, incarceration is often only one of several sentencing options for judges. Strategic Criminal Defence lawyers work to avoid jail time wherever possible.

However, if jail is inevitable, we will work to find a solution that minimizes the consequences. For instance, intermittent sentencing lets you serve your jail time at weekends, so you can keep working, caring for family, or meeting other obligations during the week.

Our team will outline your options before the sentencing hearing.

Could you be eligible for weekend jail? Ask these 3 questions:

  1. Is your sentence short enough? Intermittent sentences are reserved for shorter jail terms of 90 days or less. If yours is longer, you will be ineligible.
  2. Does the judge consider you a good fit? The court must consider your age and character, as well as the nature and circumstances of the offence.
  3. Do you have appropriate accommodation lined up? The court must also be satisfied that you have a stable place to live during the periods you’re not in custody.

If you can answer “yes” to all three, your Strategic Criminal Defence lawyer may request an intermittent jail sentence if you have to go to jail.

Contact us for a free, no-obligation consultation.

What are the different types of jail sentences?

There are two main types of imprisonment for crimes:

  1. People who get less than two years in prison (often, summary conviction offences) go to jails in their province or territory.
  2. People who are sentenced to two years or more (often for indictable offences) go to federal penitentiaries run by the Correctional Service of Canada.

In Calgary, jail terms under two years are served at the Calgary Remand Centre at 12200 85 St. NE, Calgary.

Prison terms of over two years are often served at:

  • Bowden Institution: a medium-security facility located on the Queen Elizabeth II Highway between Bowden and Innisfail.
  • Drumheller Institution: a medium-security facility located about 132 km east of Calgary near Drumheller.

Judges consider a lot of factors when they decide how long someone should have to serve in jail, including:

  • How serious the crime was.
  • Whether the person has been in trouble before (criminal record).
  • What the law says about the shortest and longest sentences.

Other sentencing options besides jail are:

The intervention of a Strategic Criminal Defence lawyer early in your case can reduce the risk of jail. If the case proceeds to trial and you’re found guilty, we will work to reduce the impact of the sentence on your future. Even if jail time is inevitable, we can help.

What are intermittent sentences?

If you’re sent to jail, the judge can consider an intermittent sentence (‘weekend jail’) if the sentence is less than 90 days (Section 732(1)(a) of the Criminal Code).

The 90-day count runs from the time of sentencing, so credit for time already served (pre-sentence custody) can bring an otherwise longer sentence under the threshold.

Intermittent sentencing allows you to serve your jail time in blocks, usually at weekends. It is awarded at the discretion of the judge. As well as the sentence length, decisions are based on:

  • Your age and character.
  • The nature and circumstances of the offence.
  • Your personal circumstances.

With weekend jail, you might go into custody on Friday at 7pm, and be released on Monday at 7am, which counts as four days of custody.

Intermittent sentencing means minimal intrusion in daily life during the week and allows:

  • People with jobs to continue working.
  • Those in education to continue studying.
  • Sick people to get the medical attention they need.
  • Parents to care for their families.

However, you must follow the conditions of a probation order when not in jail and, sometimes, for a period after completing the intermittent sentence.

Your lawyer will explain what you can and can’t do when serving your sentence and how to avoid breaching the conditions of your sentence.

How long are jail sentences for different crimes?

Jail sentences range from short periods (a few days) for minor offences to life imprisonment for the most serious.

The following outlines some typical examples for a first offence in Calgary:

OFFENCE MAXIMUM PENALTY MINIMUM PENALTY TYPICAL FIRST OFFENCE SENTENCE
Theft Under $5,000 (Criminal Code s. 322/s. 334(b)) Indictment: 2 years. Summary: 2 years less a day and/or $5,000 fine None Discharge, fine ($100–$400), or suspended sentence with probation.
Common Assault (Criminal Code s. 266) Indictment: 5 years. Summary: 2 years less a day and/or $5,000 fine None Discharge, suspended sentence with probation, or fine.
Assault Causing Bodily Harm/With a Weapon (Criminal Code s. 267) Indictment: 10 years (lower ceiling if summary election) None Conditional sentence or probation (low-end); custody if injuries and weapon use are significant.
Impaired Driving/Over 80 (Criminal Code s. 320.14) Indictment: 10 years. Summary: 2 years less a day and/or $5,000 fine $1,000 fine (rising to $1,500–$2,000 for high BAC) + 1-year driving prohibition Mandatory minimum fine + 1-year licence prohibition; jail uncommon absent aggravating factors.
Break and Enter — Dwelling House (Criminal Code s. 348(1)(d)) Life imprisonment (straight indictable, no summary election, no discharge available) None (but discharge unavailable) Suspended sentence with probation for low-end, single incidents; custody (often 1–3 years) where dwelling was occupied or multiple incidents involved.
Simple Possession (Schedule I substance, e.g. cocaine, heroin, fentanyl) (CDSA s. 4(1)/(3)) Indictment: 7 years. Summary: $1,000 fine and/or 6 months (first offence); $2,000 fine and/or 1 year (subsequent) None Discharge, fine, or probation for a first offence; short custody only where there's a related prior record.

What happens after you get out of jail?

Even after you’ve served your time, going to jail has a big impact on your future in many ways.

Will you need to go on parole after jail?

For some offences, release from jail comes with conditions. Parole allows you to serve the rest of your sentence in the community under supervision, rather than behind bars:

  • For federal sentences (2 years or more), the Parole Board of Canada decides eligibility, timing, and conditions.
  • For provincial sentences (under 2 years), the Alberta Parole Board handles this.

Your lawyer can advise you when you will be eligible for parole and help you prepare for the application.

Most inmates become eligible for full parole after serving one-third of their sentence. They can apply for day parole six months into their sentence or six months before full parole eligibility, whichever comes later: 

  • Day parole typically requires returning to custody or a residential facility each night.
  • Full parole allows the person to live independently, subject to supervision and conditions set by the Parole Board.

Breaching parole or probation conditions can result in a return to custody or new charges for failing to comply with a court order.

The long-term effects of a criminal record

Upon release, it may be harder to find a job as employers often check criminal records. Some jobs, like those in healthcare, education, finance, security, and childcare, can’t hire people who have been convicted of a crime.

The criminal record can also affect professional licenses, housing, education, international travel, immigration status, and more.

These effects don’t have to be permanent. Individuals may be able to apply for a record suspension (pardon) through the Parole Board of Canada. This removes the conviction from the CPIC database after a waiting period:

  • 5 years after sentence completion for summary offences.
  • 10 years for most other offences.

Testimonials

“Funda Mutlay is an amazing lawyer…She was able to get me no jail time and took the care and attention to detail to win this case for me.”

W.P.

“Shaun Leochko….Recommend this lawyer, as this was my third lawyer. He got me out of jail and had my charges dropped in two weeks after I’d sat in jail for 8 months. Highly recommended.”

C.B.

“I was involved with this crime and I was facing serious charges that could have landed me in jail. It was very frightening as I am a mother of three children and it had been almost 4 years since the incident had happened…I had a total of three warrants and was possibly facing jail time. He (Michael Oykhman) called me and I remember being so nervous, and he said that he had great news, even better than good news, and told me that he got all of my charges dropped and no more warrants.!”

N.S.

Successful Cases

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

Case Number: 4650146

Our client was arrested for Forcible Entry and Breach of Probation shortly after being released from prison. He was initially arrested and released from prison after being taken into custody for multiple violent offences and failures to appear. When released, one of the conditions of his probation was that he did not consume any alcohol. However, after he had gotten into an argument with his girlfriend, he broke into her place of residence and sat on the couch drinking beer until she came home. As his girlfriend had reason to fear that our client would act violently towards her, she called the police, who attended her residence and arrested our client.

Upon being retained, we immediately ordered and reviewed disclosure, and discussed potential courses of action with our client. As the evidence against our client was very strong, but our client’s primary goal was to avoid more time in prison, we entered an early guilty plea to increase the likelihood that he would receive a favourable outcome. Despite our client’s lengthy criminal record, based on our submissions, our client was able to avoid any time spent in prison for this offence.

Successful Outcome: No Jail Time

Case Number: 55622336

Our client was notified by the RCMP that he was under investigation for sexual assault arising from a complaint they received from his neighbour. It was alleged that after a party and into the early morning hours, our client let himself into his neighbour’s residence while her husband was out of town. It was alleged that our client climbed into bed with her while she was asleep and attempted to have sex with her. The complainant told the RCMP that this was the second time our client had done this and provided further details about an incident that occurred approximately six months earlier. Our client retained us right away to help him understand the process, his rights, and what to expect. A couple of days later, he was formally arrested and charged with multiple related offences, including two counts of sexual assault and two counts of breaking and entering a dwelling house. Because our client retained us early in the process, we were able to develop a bail plan that included the least restrictive bail conditions possible, including an exception that allowed him to still live at his home despite the proximity to his neighbour’s residence. Once bail was secured, we went to work on the case.

Following our client’s release, we requested disclosure and began building our defence. In doing so, we found several inconsistencies within the complainant’s story, as well as notable discrepancies between her statements to police and our client’s version of events. Based on the initial allegations, our client was facing several years of jail time. However, after extensive negotiations, the prosecutor agreed to significantly reduce the charges to only mischief, assault, and unlawfully in a dwelling house. We were further able to negotiate a global 3-month jail sentence that could be served on weekends, followed by a period of probation. This significantly reduced the length of imprisonment our client was facing on the two counts of sexual assault and two counts of break and enter. We were also able to successfully prevent our client from being placed on the national sex offender registry.

Successful Result: Plea to Lesser Offences; Reduced Sentence; No SOIRA

Case Number: 35380218

Our client participated in online forums, where he wrote stories of sexual fantasies and shared them on the internet. Some of these stories contained sexual interactions between himself and minors. When he was anonymously reported for these stories, the police opened an investigation. There was no evidence of actual sexual contact, but the stories themselves still constituted a charge of Possession of Child Pornography. Our client was arrested and faced a lengthy prison sentence if convicted.

Upon being retained, we ordered disclosure and reviewed the investigation into our client. This charge previously carried a mandatory minimum sentence of 6 months, whether it was dealt with as a summary offence or an indictable offence. The minimum sentence was struck down at the indictable level prior to our client being charged. While we were confident in our ability to have it struck at a summary level, we instead strategically elected to proceed at the indictable level and were successful in arguing for a sentence of 90 days of intermittent imprisonment.

Successful Result: Reduction in Jail Time below the Mandatory Minimum

Case Number: 00040381

Our client was charged with several weapons offences, including possession of a loaded handgun in a vehicle. Despite being a youth accused, he was potentially facing lengthy incarceration. He was clear that he was in the wrong place at the wrong time.

Joseph Beller combed through the file and found several pieces of evidence that supported our client’s version of events. He met with the assigned Crown prosecutors several times to explain the situation from our client’s perspective and provide detailed information about our client’s background. As a result, he was able to negotiate a plea that only resulted in short probation for the client and no jail time.

Successful Result: Probation; No Jail Time

Case Number: 65680146

Our client was arrested and charged with impaired driving after he fell asleep in his truck while it was parked in an empty parking lot. A witness observed that the parked truck was still running and had one signal light flashing. He called the police and they attended to ensure the welfare of the driver. Upon arriving, the police determined that there were reasonable grounds to suspect our client was impaired while he had the care and control of his vehicle. They demanded a breath sample from our client and arrested him.

Upon being retained, we carefully reviewed our client’s disclosure. We identified several breaches of our client’s Charter rights, including the right to be free from unreasonable search and seizure and the right to be free from arbitrary detention. There was also a strong argument that our client did not have care and control of the vehicle and did not intend to drive his vehicle while he was impaired. We ultimately went to trial and secured an acquittal on both counts.

Successful Result: Acquittal at Trial, No Criminal Record

FAQs

Courts must consider all the possible sentences before sending someone to jail. Judges base their decision on the nature and circumstances of the crime, whether a minimum sentence applies, your personal circumstances, your criminal history, etc. Judges should give the least restrictive sentence that still meets the goals of sentencing, as per Section 718.2(d) of the Criminal Code. A first-time offender found guilty of a non-violent crime can often prevent jail time with strong legal representation.

Yes, in some cases you can only do your time on the weekends. This is an “intermittent sentence.” You may be eligible if your sentence is 90 days or less and a suitable fit, according to the judge.

Jail, correctional centre, or detention centre usually refer to provincial facilities holding sentences under two years, as well as people awaiting bail hearings. A penitentiary is a federal facility for sentences of two years or more, run by Correctional Service Canada (CSC). “Prison” is often used informally as an umbrella term covering both.

No, a sentencing hearing is usually scheduled after the trial verdict. If straight jail is imposed on the day of sentencing, you will go to jail directly following the proceedings. This means you must have your affairs in order before sentencing, as you will not have a chance to do so following the judge’s decision.

Inmates serving provincial sentences in Alberta can earn remission of up to one-third of their sentence for good behaviour. Most serve two-thirds of their time before being released. For a one-year sentence, that typically means release after about eight months.

Get help dealing with a criminal charge

Whether you’re in the early stages of a criminal investigation or have already been charged, preventing jail time and a criminal record should be a priority.

A Strategic Criminal Defence lawyer will immediately start work to protect your rights and limit the impact on your future. We will challenge the Crown’s evidence and, often, negotiate plea agreements for reduced sentences or alternative measures.

If a conviction is inevitable, we will: 

  • Work to convince the judge that a jail sentence is not necessary.
  • Advocate for an intermittent sentence if jail time cannot be avoided and you are eligible for this option.

In the past two decades, we’ve defended over 10,000 cases and have received:

  • Over 750 5-star Google reviews.
  • Three Best Rated® distinction for 8 consecutive years.
  • The Consumer Choice Award (2025,2026).

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: July 15, 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