If you’ve been charged with a crime after an incident where you claim to have acted in self-defence, you may be feeling confused and frustrated. Many people are surprised to learn that they can be charged with a crime even after claiming self-defence. Although self-defence is a legal justification for using force (including deadly force) against another person, it doesn’t always prevent criminal charges from being laid.
This is because the courts recognize that the right to defend yourself is not absolute. You can only act in self-defence if you reasonably believe there is an imminent threat to you or another person, and you cannot use force that is unreasonable given the circumstances. If you are charged with a crime after claiming self-defence, it’s important to seek help from an experienced criminal lawyer. They will be able to examine the particulars of your case and help you mount a proper defence. Learn more from this brief and complete introduction to criminal law.
Are you facing a criminal sentence after a conviction?
You should ask a criminal defence lawyer about conditional discharge. An experienced criminal defence lawyer can help you understand the concept and possibly convince a judge to agree to this lenient sentence. Find out more about how criminal lawyers can assist you in legal cases.
What Is Conditional Discharge?
A conditional discharge is the least severe sentencing a judge can deliver. It functions as a legal conditional release rather than a conviction and doesn’t lead to a long-term criminal record. A judge may deliver this sentence if:
• You plead guilty to a crime.
• The crime has no minimum sentence requirements.
• The sentence is to your benefit (you’re not a danger to yourself).
• You’re not a danger to the public good.
Types of Court-Ordered Conditional Releases
Legal conditional sentencing comes in two forms. The absolute discharge has no conditions and won’t stay on your criminal record for over a year. A probationary discharge lasts 12 to 24 months on average (but no longer than three years). It stays on your criminal record for three years, at which point the courts expunge it.
Conditional Discharge Pros and Cons
What are the benefits of a conditional discharge?
• When the judge gives you a discharge with conditions, you avoid jail time and likely won’t even pay a fine.
• If you satisfy the conditions, you won’t have a permanent entry on your criminal record.
• You have a higher chance of rehabilitation.
However, you’ll still experience some challenges with a conditional dismissal program. First, the court may impose more conditions than just probation. For example, depending on the nature of your crime, they may require in-patient treatment for substance abuse or a psychiatric condition. If you violate the conditions of your release, you’ll likely have more severe consequences than if you’d taken a plea bargain. This requires up to three years of extreme discipline, which may change your life for the better. Understand more about DUI offences, including marijuana and drugs.
Applying for Conditional Discharge
You have the greatest chance of receiving a lenient sentence with a lawyer advocating on your behalf. For a judge to grant you this sentence, you must convince them of two things:
The Sentence Benefits You
The lighter the sentence, the better chance of rehabilitation. Many provinces take this as a given. However, in Quebec, the courts often ask you to demonstrate how a more severe sentence would significantly hinder your job or other future plans.
You’re Not a Public Danger
Your lawyer can suggest several tactics for demonstrating your release won’t harm the public interest. It may come in the form of a reference letter from an influential person, a public apology and renunciation of your crime, or pledging to a high level of community service. Discover the importance of hiring a criminal lawyer. If you’d like to learn more about how a criminal lawyer can assist you, check out this article.