Canada and the United States both have comprehensive criminal codes, with sophisticated law enforcement agencies and powerful prosecutorial offices to punish violations of their respective laws.

Offences in Canada

In Canada, the federal Criminal Code applies uniformly throughout the nation.

Indictable Offences

Generally speaking, the most serious crimes are classified as straight indictable offences. These include murder, manslaughter, treason, and aggravated sexual assault. The penalty for these crimes can include up to life imprisonment.

Summary Conviction Offences

Less severe crimes are straight summary conviction offences, such as simple assault, soliciting prostitution, and trespassing at night. The penalty for a summary conviction is less than two years in jail.

Hybrid Offences

Hybrid offences comprise the vast majority of Criminal Code offences. These crimes, such as sexual assault, may be charged as either indictable offences or a summary conviction offences. The choice is at the discretion of the crown prosecutor. In making their decision, the crown prosecutor will often consider the circumstances and the relative seriousness of the alleged offence as well as the criminal record (if any) of the accused.

Parole

Parole is a supervised release from prison. It is available to most offenders after they have served a prescribed period of time in prison. For example, a person convicted of first-degree murder must wait 25 years to apply for parole, which is not automatic. In most cases however, parole is automatic after an offender has served part of their sentence.

Record Suspensions

A person who obtains a record suspension has the records related to their conviction and punishment “suspended” from federal databases. Criminal record checks of their name will come back clear. However, the person’s criminal record can be “revived” if they are convicted of a further offence at a later date.

The law is very complicated as to who and when someone may apply for a record suspension. Generally, but subject to numerous exceptions, a person convicted of an indictable offence must wait ten years after completing their sentence to apply. Those convicted of most summary conviction offences must wait five years after completing their sentence. Some convictions, such as sexual offences involving a minor, or where a person receives a life sentence, are not available for a record suspension.

When considering whether to grant a record suspension, the parole board factors in the applicant’s good behaviour, prospects for rehabilitation in society, and whether the record suspension would bring the administration of justice into disrepute.

Common Questions about Offences in Canada

What is a felony in Canada?

The term is not used in the Canadian criminal justice system. An indictable offence is a helpful comparison.

What is a misdemeanour in Canada?

This term is not used either. However, a summary conviction offence is comparable.

Offences in the United States

The criminal justice system is more complicated in the United States because each state has its own comprehensive penal code. There is also the federal code, which generally applies to crimes under federal jurisdiction, such as treason or interstate fraud, and to all types of crimes committed on federal property.

The summary here will focus on federal criminal law provisions, but state law will be discussed when there is an absence of a federal provision.

Felonies in Federal Law

Felonies are serious crimes, with a complicated hierarchy of prison terms and fines.

What is a Felony Charge?

Crimes charged as felonies include treason, murder, and sedition. Felonies carry lengthy prison terms and fines of up to $250,000. There are five classes of felonies, divided according to prison sentence length, as follows:

  • Class A. This is a felony conviction where the convicted person serves a life sentence or is sentenced to death.
  • Class B. The convicted person serves twenty-five years or more.
  • Class C. This felony carries a prison sentence of less than twenty-five years but ten or more years.
  • Class D. This felony carries a prison sentence of less than ten years but five or more years.
  • Class E. The convicted person serves less than five years but more than one year.

Misdemeanours vs. Felonies

Misdemeanour charges are less severe crimes, like simple assault, some forms of bribery, and many types of theft.
There are various classes of misdemeanours, with prison sentences ranging from five days to less than one year. Fines range from $5,000 to $250,000.

Infractions in Federal Law

Infractions are minor crimes, like most traffic violations. They are punishable by five days or less in prison and/or a fine of not more than $5,000.

Wobblers in the United States

Wobblers are crimes that can be charged either as a felony or a misdemeanour. Federal criminal law has no provisions for wobblers. Most states, however, do. While the law of wobblers is not uniform, California’s provisions (outlined below) are representative of how wobblers work in state criminal justice systems.

Common Types of Wobblers

Crimes that can be wobblers include sexual battery, burglary, stalking, forgery, and spousal battery. Wobblers are not automatically reduced to misdemeanours. Instead, the prosecutor may consider these factors:

  1. The defendant’s age, prior record, and severity of the crime;
  2. The defendant’s cooperation with law enforcement; and/or
  3. The strength of the prosecution’s case.

Parole in the United States

Parole does not exist in the federal criminal justice system. Parole is prevalent in state systems, but the details vary widely.

Expungement in the United States

Expungement is not available for federal convictions. Most states offer the opportunity for expungement, but the laws vary markedly.
*NOTE: Canadians who receive record suspensions must be careful to obtain advice from an immigration lawyer before traveling to the United States, since the US Federal Justice System does not recognize such mechanisms.

Canada and the United States Compared

Despite differences in terminology, the types of criminal offences are comparable in both countries. Indictable offences and felonies are similar. Summary convictions and misdemeanours/infractions are also generally alike. Hybrid offences are called wobblers in the United States.

Both Canada and most American states allow procedures for parole and record suspensions.

Other Points of Comparison

Crime Rate

The recent crime rate in the United States is 47.70. This is higher than Canada’s rate of 40.64. Though there is no single reason to explain the difference, one possible explanation is the wider legality of guns in the United States.

Death Penalty

Perhaps the most important difference between Canada and the United States is the death penalty. The death penalty was abolished in Canada in 1976, but it remains in effect in the United States, one of only 14 countries in the world to still allow this most extreme punishment.

By |2023-11-08T20:08:39+00:00March 9th, 2021|Criminal Defence|

5/5 - (2 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 164 reviews fromSasan FaghihSasan Faghih ★★★★★ Quite happy with the service, responsive, took care of my matter effectively.PetruPetru ★★★★★ ⭐️⭐️⭐️⭐️⭐️Vilkhov Law Professional Corporation – Igor VilkhovI’m very grateful to Igor Vilkhov for helping me through a difficult and stressful situation. I was falsely accused of a criminal offense involving a weapon, and thanks to Igor’s professionalism, knowledge, and dedication, everything was handled properly and the matter was resolved.He was always calm, clear, and supportive, which made a big difference during such a challenging time. I highly recommend Vilkhov Law to anyone who needs strong, trustworthy legal help.Thank you again, Igor!GhostGhost ★★★★★ Thank you so much to Igor. V, Daniel. S and especially Ecem. K.They are the best lawyers in Toronto. I had many cases and they all got resolved better then I expected. I'm so happy to have chosen Vilkhov Law Firm to represent me. I highly recommend. They will be my lawyer for the rest of my life. This is the GOLDEN TICKET LAWYER TO FREEDOM.Zahra Heidarian YavandZahra Heidarian Yavand ★★★★★ 🌟🌟🌟🌟🌟I had an outstanding experience working withIgor Vilkhov . From the very beginning, they were incredibly professional, dedicated, and attentive. They handled my case with the utmost care and expertise, and thanks to their hard work, we achieved a favorable outcome.They were always accessible and took the time to explain every step of the process in a way that eased my anxiety. I truly appreciated their patience, empathy, and responsiveness—they never made me feel alone in the process.What really stood out was their commitment to detail and how thoroughly they followed up on every aspect of the case. I could tell they genuinely cared about helping me, not just as a client, but as a person.I highly recommend Igor Vilkhov to anyone seeking legal support. They go above and beyond and deliver results with integrity and compassion.Thank you again for everything!Sean MacNeilSean MacNeil ★★★★★ I cannot recommend Igor's Law Firm highly enough! From start to finish, they took care of absolutely everything, making a stressful situation feel manageable. They ensured I was thoroughly prepared for every step, patiently explaining the process and what to expect.What truly sets this firm apart is Igor's uncanny ability to pick the right people for the right moment. This meant I never had to worry about his judgment; my faith in him and his team was incredibly well placed.When it came to my case, they didn't hesitate to take it on and provided invaluable support leading up to and during the actual court date. My representation on the day, Jackie, was beyond prepared – exactly the kind of sharp, knowledgeable lawyer you want fiercely advocating for you. Her meticulous preparation and strategic thinking were truly impressive.Behind the scenes, Daniel was instrumental in facilitating the flow of information, making sure everything got to the right people efficiently. And a huge shoutout to Joel for his incredible ability to recall and pull relevant, even obscure, case law at precisely the right moment – a testament to his deep expertise.The entire team at Igor's Law Firm operates with professionalism, dedication, and a genuine commitment to their clients. If you're looking for a legal team that truly has your back, look no further.Elijah L.Elijah L. ★★★★★ I had a great experience working with Attorney Igor Vilkhov and his law clerk Daniel Slobodkin. I am an attorney for criminal law and administrative law in California. They previously represented a client of mine about 2 years ago in a serious criminal matter. Thanks to their excellent advocacy and hard work, the charges were withdrawn by the court due to no reasonable prospect of conviction. Their hard work helped bring about a just outcome and absolve my client of the charges.Recently this month, I (as well as my client’s separate firm) needed access to my client’s past criminal case materials for another administrative matter. Mr. Vilkhov and Mr. Slobodkin were extremely helpful and professional in providing the necessary documents and court transcripts. Their prompt assistance and continued support, even years after the case concluded, truly stood out. Mr. Vilkhov was very professional and courteous and his law clerk Daniel was incredibly helpful and friendly, especially toward my client. Daniel also assisted me with filling out the court transcript order form since I am not too familiar with the Canadian court process, titles, numbers or labels.Their professionalism, responsiveness, and dedication to their clients are commendable, even years after my client’s case was concluded. I highly recommend Igor Vilkhov and Daniel Slobodkin to anyone in need of skilled and trustworthy legal representation in criminal defense.Lucia GurzauLucia Gurzau ★★★★★ I had an outstanding experience working with Igor Vilkhov. From our first consultation to the final resolution of my case, they demonstrated exceptional professionalism, deep legal knowledge, and genuine care for my situation. They communicated clearly, responded promptly, and always kept me informed throughout the process. Thanks to their dedication and expertise, we achieved a successful outcome. I highly recommend Igor Vilkhov to anyone in need of reliable and effective legal representation.BillyBilly ★★★★★ Igor is an unreal lawyer to say the least. Igor is a skilled attorney that is personable and reasonable. He was kind enough to explain the process and got me the results I needed. Would absolutely recommend him, excellent criminal lawyer.Ken ThamKen Tham ★★★★★ I cannot express how wonderful it was to work with and be represented by Igor and his team. Right from the start, Igor showed he cared - by listening, showing compassion and empathy for my situation, yet being fully transparent and honest about the process. He answered any and all of my questions and made me feel very secure and at ease. I got the result I wanted and Igor was true to his word in how things would play out. I would not hesitate to call upon Igor again, if needed, and would certainly recommend him. Thanks Igor!B KhanB Khan ★★★★★ Randy RaczRandy Racz ★★★★★ Lucas DeanLucas Dean ★★★★★ Incredibly talented and hard working team of lawyers in all of Ontario, and possibly the country. I cannot properly convey how extraordinary the team at Vilkhov law is. Igor was always willing to take my calls and alleviate my concerns. Joel and Jackie did tremendous work on my trial and spent countless hours working to ensure I was properly prepared for anything.I spent 6 months incarcerated at Toronto South Detention and Igor and his team were always willing to take my calls and even visited me while I was in jail.I am happy to state that I was acquitted of the most serious charges, and received a discharge for the lesser charges. My matters will be finalized shortly and I cannot wait to be free to live my life once more.To Igor, Joel, Jacklyn, and Daniel:Thank you for everything. I wish you all the very best in your pursuits and I will be sure to recommend you as often as possible.Mukesh SethiMukesh Sethi ★★★★★ Igor, provided exceptional legal representation, demonstrating expertise, professionalism, and dedication throughout my case. His strategic approach and deep understanding of criminal law led to a favourable outcome. I highly recommend Igor to anyone in need of a skilled and reliable criminal defence attorney.matthew jmatthew j ★★★★★ I was charged for the very serious offence Igor and his team got me Got my charges acquitted and I was free after 31 months, including a trial, Igor and his team are wonderful at what they do. Highly recommend couldn’t thank Igor enough.Joe OroszJoe Orosz ★★★★★ Igor did an amazing job. Was looking at 4 years 3 charges. Not guilty on all counts. I'd recommend him highly. He assured my freedom, he will do the same for you.Mehboob PatelMehboob Patel ★★★★★ E ME M ★★★★★ Igor is, without a doubt, one of the top lawyers in the country. When I approached him with my case, I was uncertain about the outcome. However, Igor's exceptional support and guidance alleviated my concerns. He was always available to answer my questions, and his flexible payment plan was a huge relief.What impressed me most was Igor's unwavering confidence and commitment. He assured me that he never backs down from trials, and his reputation precedes him. This is what kept me at peace through out the case.Throughout the process, Igor handled my case with utmost professionalism, keeping me informed every step of the way. His office was incredibly helpful, providing regular updates and ensuring a seamless experience.I had 2 charges which have severe consequences but the outcome of my case exceeded my expectations, thanks to Igor's expertise and dedication. I couldn't recommend him more highly, especially for those facing criminal cases. Igor truly goes above and beyond, and his services are unparalleled.x NoVAx NoVA ★★★★★ Igor did amazing job, I was very stressed out when I found out I had been charged with SA but every step of the Igor was there for me and was looking out for my best interest. He was always responsive and kept me up to date with all updates given to him and directly to me, if he wasn’t available he always had someone update me. Got me off my charges and helped me save jail time. Igor is the guy you need if you’re involved in any sort of similar situationforrzen Sherzadforrzen Sherzad ★★★★★ Dear Igor, I just wanted to take a moment to express my heartfelt gratitude for everything you’ve done for us. Your hard work and dedication in getting my husband released from jail mean the world to me. I’m so incredibly happy right now, and I truly believe you are the best lawyer ever!Your expertise and support throughout this process have been invaluable, and I can’t thank you enough. I will definitely be referring you to all my friends and family, and I’ll be leaving a 5-star review to share how amazing you are. Thank you again for everything! 🙏🏽🙏🏽🙏🏽🙏🏽❤️❤️❤️❤️❤️❤️ we are so grateful for you thank you so much Igor you saved Jerome life your are truly the greatest!!!Michie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.Richard HyltonRichard Hylton ★★★★★ I cannot thank Igor enough for his amazing service. I was facing a serious charge that felt overwhelming. But Igor’s calm demeanour and level headed approach to my case gave me reassurance.Thanks to his amazing work everything was completely withdrawn, which allowed me to reclaim my life. I feel free to move forward without the weight of this hanging on my head. Thank God for Igor’s services! If you need a criminal lawyer, hire him!js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top