People accused of crimes are sentenced after:

Besides fines and jail time, many other sentencing options exist for judges. The Crown Prosecutor and your defence lawyer can propose a sentence and explain why it is appropriate.

The skills and experience of a Strategic Criminal Defence lawyer can make a real difference to sentencing and the impact of a criminal conviction on your future. We will make submissions for the least severe sentence possible.

Contact us for a free, no-obligation consultation.

“Sentencing doesn’t always result in punishment. Sometimes, justice means acknowledging a wrong and having the judge wipe the slate clean with an absolute discharge! Rare, but not impossible.”

Michael Oykhman, Strategic Criminal Defence

What are the main sentencing options, and when are they applied?

Let’s break down the range of sentencing options from the most lenient to the most stringent:

SENTENCE WHAT IT MEANS WHEN IT'S MOST LIKELY GIVEN
Absolute Discharge (Most favourable) You're found guilty (by plea or trial), but the court registers no conviction and imposes no conditions. Relatively uncommon. May be an option for minor offences with no mandatory minimum penalty, first-time offenders, or where a conviction would cause consequences grossly disproportionate to the offence.
Conditional Discharge Guilty finding, no conviction but it only takes effect after completing probation (typically 12 to 18 months). More common than an absolute discharge. Used for minor offences where the court wants some accountability period before the matter is fully resolved without a record.
Fine Order A monetary penalty, which results in a conviction and criminal record. Common for less serious offences with no aggravating factors, where jail isn't warranted but some penalty and a record are appropriate.
Suspended Sentence and Probation A probation order with conditions for up to 3 years. A conviction is recorded. Used where some supervision/accountability is warranted, but the offence and circumstances don't justify jail.
Conditional Sentence Order (House arrest) A jail sentence of less than two years, served in the community under strict, jail-like conditions instead of in custody. A criminal record results. Available only where there's no mandatory minimum sentence, the appropriate sentence is under two years, and the offence isn't specifically excluded (e.g., certain violent or terrorism-related offences).
Intermittent Jail Sentence (Weekend jail) A jail sentence of 90 days or less, served intermittently, with probation conditions in effect on the days you're not in custody. Granted for short sentences if you can show a job or other significant responsibility (e.g., childcare) that would make a continuous sentence very difficult.
Straight Jail Time (Most stringent) A continuous custodial sentence served in jail or a federal penitentiary. Reserved for more serious offences, repeat offenders, or where the court finds no other sentence is appropriate.

What happens before a sentencing hearing, and how do we help?

Unless the offence is relatively simple and the sentence is agreed by all parties concerned, the sentencing hearing is generally scheduled for 2-3 months later, so that the information relevant to sentencing can be gathered and reviewed.

Your lawyer will usually work to create a submission for sentencing, aiming to reduce the severity of the sentence.

Whenever a jail sentence is a realistic possibility, it is quite common to order a pre-sentence report:

  • This involves an interview with a probation officer, who will also contact your friends and family.
  • You may be asked about your childhood, upbringing, education, financial history, emotional and social adjustment, etc.
  • The report advises the court whether you are a suitable candidate for community supervision.

Another type of commonly requested report is a forensic report. This is prepared by either a psychologist of psychiatrist if an underlying psychological or psychiatric condition is believed to affect you, and may have contributed to the offending behaviour. 

  • You will be contacted to set up an appointment to prepare the report.
  • The doctors will ask similar information as for the pre-sentence report, but you may also be expected to discuss the offence itself and do some psychological tests.

Pre-sentence and forensic reports typically take 2 to 3 months to prepare. We can order and review these reports before the sentencing hearing, help you address any issues raised that may help your case, and present all of the relevant information to the judge.

How else will we help during the sentencing process?

Beyond reports and assessments, a Strategic Criminal Defence lawyer will:

  • Gather mitigating evidence: Character references, proof of employment, volunteer work, counselling attendance, medical/mental health records, repayment of damages records, community ties, etc. (anything that supports a more lenient sentence).
  • Identify the least restrictive appropriate sentence: We advocate for discharges, fines, or community-based sentences over jail wherever the circumstances support it.
  • Negotiate a joint submission: In many cases, we can agree with the Crown on a recommended sentence before the hearing, providing more certainty about the outcome.
  • Frame the offence and your personal history in the most favourable light: We will also address any aggravating factors the Crown is likely to raise.
  • Prepare you for the hearing: We explain what to expect, help you prepare a statement to the court if appropriate, and make sure you understand every condition you’ll be asked to follow.
  • Advocate at the sentencing hearing itself: We present your case to the judge, respond to the Crown’s submissions, and make the strongest possible argument for the outcome that’s right for you.
  • Explain the next steps after sentencing. We make sure you understand your obligations going forward, including any path to a future record suspension (pardon).

What factors are considered during sentencing?

Under the Criminal Code, every sentence must be proportionate to the seriousness of the offence and your degree of responsibility for it.

The main factors a judge will consider during sentencing relate to the seriousness of the offence, personal factors, and broader sentencing principles that may apply:

CATEGORY FACTOR EFFECT ON SENTENCE
Offence Seriousness of the offence and harm caused More serious harm: harsher sentence
Use of violence, a weapon, or significant planning Aggravating
Single incident vs. ongoing pattern Pattern is generally aggravating
Abuse of a position of trust or authority Aggravating
Offence motivated by bias, prejudice, or hate Aggravating
Personal Criminal record (or lack thereof) Prior record is aggravating; a clean record is mitigating
Age, at the time of the offence and now Can be mitigating (youth or advanced age), case-dependent
Genuine remorse and acceptance of responsibility Mitigating
Personal circumstances (employment, family, health) Mitigating, especially where supervision is realistic
Steps already taken toward rehabilitation (counselling, treatment) Mitigating
Your specific role in the offence (if multiple people are involved) Lesser role can be mitigating
Principle Parity: similar offenders get similar sentences Anchors the sentence to comparable cases
Restraint: jail is a last resort Favours less restrictive sentencing options
Attention to the circumstances of Indigenous offenders Can favour alternatives to incarceration
Totality: the combined sentence shouldn't be unduly harsh Limits the stacking of consecutive sentences

Your Strategic Criminal Defence lawyer will work to make sure the court sees the full picture,  emphasizing every legitimate mitigating factor in your case, while challenging any aggravating factor the Crown raises that isn’t fully supported by the evidence.

“Our job is to put together the strongest possible case for the most lenient sentence the circumstances allow, whether that means arguing for a discharge instead of a record, a fine instead of jail, or a conditional sentence instead of time behind bars. Even when some form of penalty is unavoidable, there’s almost always a less restrictive path, and we fight to make sure the court sees it.”

Michael Oykhman, Strategic Criminal Defence

Testimonials

“I was facing time for a robbery charge with a lot of evidence but he (Shervin Sabet) somehow got that charge dropped. I ended up pleading guilty to a separate charge of theft and only got probation… I am grateful to him and his team for keeping me out of jail.”

A.Y.

“Funda Mutlay is an amazing lawyer, lots of knowledge and care. She helped me thru a messy, complicated matter involving a multi-party crime. 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.

I had a great experience working with Michael and his assistants. I ended up getting an absolute discharge, which he seemed very confident about from the start. I’m glad I went with him, and hopefully I’ll never have to use a lawyer again, but if I did, he’d be the first person I’d call.”

G.

“Joseph (Beller) was able to present and use his “fighter skills” in court to have my charges lowered to a conditional discharge. On top of this, this firm follows its mission values statement by being ethical, transparent, available, and very friendly.

R.R.

“Michael has handled my wife’s criminal case with great dedication and precision. The final decision of an absolute discharge from the judge was incredible and brought such relief to both my wife and me.”

K.T.

Successful Cases

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

Case Number: 4390

Our client, 7 months pregnant at the time, was babysitting her cousin while his parents were out of town. Our client was under significant stress due to the pregnancy and was being abused by her partner. This stress boiled over one day after her cousin did not complete his chores as requested, and in response, our client struck him with a charging cord. The complainant told his vice-principal the next day at school and quickly Child & Family Services and police became involved. Following a medical exam of the complainant, our client was charged with assault with a weapon. If convicted, she faced possible immigration and employment consequences.

Upon being retained, we immediately requested disclosure and connected our client with an immigration lawyer while we began preparing our defence. On the instruction of our client, we entered a guilty plea to the charge and ordered a pre-sentence report to provide the Judge with context of our client’s circumstances and character. We received back a positive report, and based on this, we made submissions to the court recommending a Conditional Discharge. The Crown Prosecutor did not agree to a Conditional Discharge, due to the age of the complainant, but despite this, the judge agreed with our submission. As a result, our client avoided a criminal record.

Successful Result: Conditional Discharge; No Criminal Record

Case Number: 55482456

Our client was charged with assault causing bodily harm after a road rage incident. After another vehicle cut off our client’s vehicle, our client followed him until he stopped. Both individuals exited their vehicles and our client punched the other individual two to three times in the face.

Upon being retained, we immediately ordered and reviewed our client’s disclosure. As our client frequently travelled to the United States, it was very important for him to attain an absolute discharge. It became evident that our client was suffering from symptoms of PTSD due to his long career as an emergency responder. This likely contributed to his actions, which were very out of character. Based on our client’s remorse and willingness to engage in counselling and volunteer work, as well as no prior criminal record, we were able to secure the absolute discharge that our client hoped to attain.

Successful Result: Absolute Discharge, No Criminal Record

Case Number: 55332353

Our client faced a charge of assaulting and causing bodily harm to a police officer. The RCMP had been dispatched to check on our client’s well-being in response to an anonymous caller expressing concerns about his mental state. The RCMP were also aware that our client had outstanding warrants for uttering threats from a previous incident. When they arrived at our client’s residence, he confronted them, accusing them of trespassing. The RCMP informed our client of his arrest, but he went back into his house. As the officers followed him, our client struck one of them in the head, causing a severe injury.

Upon being retained, we immediately arranged a consultation with our client to allow him to present his version of events. During this discussion, it became apparent that our client was struggling with mental health issues, which played a significant role in the charges against him. We promptly requested disclosure and reached out to the Crown prosecutor in an attempt to resolve the matter. Due to the severity of the charge, the Crown initially refused to consider anything other than a lengthy jail sentence. Even though we did not have a strong defence, we felt the position of the prosecutor was too harsh, so we set the case for trial. Despite preparing for trial, we continued to negotiate with the Crown, emphasizing our client’s clean criminal record, his mental health challenges, and his successful completion of the Mental Health Diversion program for two other sets of charges for which we had been retained. Through our persistent efforts, we successfully negotiated a reduction in the charge and a conditional sentence order. This outcome allowed our client to focus on his mental health and avoid going to jail.

Successful Result: Conditional Sentence Order, No Jail Time

Case Number: 55592526

Our client was charged with one count of Accessing Child Pornography and one count of Possession of Child Pornography after police executed a search warrant on his residence and electronic devices. He gave a full confession to the police. The prosecutor had a strong case and she knew it. She initially wanted a guilty plea to both charges and 18 months of jail time.

Upon being retained, we immediately ordered and reviewed disclosure. We instructed our client to obtain counselling and assisted him in those arrangements. Our client suffered from serious mental illness throughout his life and had a troubled upbringing. He did not want to fight the charges and wanted to accept responsibility for his actions. We raised all this with the Crown Prosecutor and based on those discussions, the Crown withdrew the charge of Accessing Child Pornography in exchange for a guilty plea to Possessing Child Pornography. As a result, our client received only 12 months of jail and a probationary sentence.

Successful Result: Charge Withdrawn; 12 Months Jail and Probation

Case Number: 757-220359

Our client was charged with defrauding his employer in excess of $100,000 over the course of numerous months. The client had no criminal record and had lost his job as a result of the charges. While he was prepared to accept responsibility for the fraud and come up with a plan to reimburse his employer, he was concerned about being required to serve a jail sentence. After multiple meetings, his lawyer identified that the client’s mental health and addiction issues played a significant role in the offending behaviour. She worked closely with the client to come up with a repayment plan and to obtain support for the client’s mental health and addictions.

The client ultimately chose to plead guilty. The Crown prosecutor asked the Court to impose a lengthy jail sentence to be served in a correctional institution. We asked the Court to impose a house arrest sentence (i.e., Conditional Sentence Order), in light of the underlying mental health and addiction issues, and the substantial work that the client had done to address these underlying issues.

The Court agreed with the submissions of defence counsel and imposed a house arrest sentence, as opposed to a jail sentence in a correctional institution. This allowed the client to continue repayment and rehabilitation efforts.

Successful Result: Conditional Sentence Order imposed; Client Served Sentence in the Community

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: 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.

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

FAQs

It varies. Simple cases with an agreed sentence may proceed the same day. Otherwise, sentencing is commonly adjourned two to three months to allow time to gather character references, treatment records, or a pre-sentence report.

Yes. Both the defence and the Crown can appeal a sentence. An appeal isn’t a retrial; the appeal court reviews whether the sentence followed proper legal principles, not whether you’d prefer a different outcome.

Not exactly the same, but similar. Courts aim for parity: comparable offenders committing comparable offences in comparable circumstances should receive comparable sentences, though your specific facts always matter.

A strategic approach to sentencing

Our team has defended over 10,000 charges in the past two decades, and we’re highly experienced in making sentencing submissions aimed at limiting the consequences for clients.

If a conviction is inevitable, your Strategic Criminal Defence lawyer will:

  • Protect your legal rights.
  • Explain the options available.
  • Work to get the least restrictive sentence possible.

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