Experienced Domestic Assault Lawyers – All Your Legal Needs Covered
What is Domestic Assault?
Domestic assault is a serious criminal offence that involves physical abuse or sexual abuse between two people in an intimate relationship. This type of assault can occur between spouses, common-law partners, former spouses, family members, and those who are currently or formerly in a dating relationship. Domestic assault is a serious and complex issue that affects countless individuals and families every year. When someone is accused of domestic assault, it can have far-reaching consequences, both for the accused and the alleged victim. In this article, we will discuss the legal process for someone who has been accused of domestic assault, and the potential consequences of a domestic assault conviction, including jail time and a criminal record.
What Should I Do If I’m Charged With Domestic Assault?
If you are charged with domestic offence, it is important to seek legal advice from an experienced criminal defence lawyer. A domestic assault lawyer can help you understand the charges against you and the potential consequences of a conviction. They will also help you understand your legal and charter rights in order to safeguard your interest. Additionally, your criminal lawyer can also help you build a strong defence and provide guidance during the legal process.
Different Types of Domestic Assault
Below is a list of common types of charges related to domestic forms of assault:
- Sexual Assault: An individual may be charged with sexual assault if it is reported that they engaged in any form of sexual contact, including rape or touching without consent. An offence of a sexual nature is one that involves an assault that breaches the sexual integrity of the victim.
- Assault Causing Bodily Harm: You can be charged with Assault Causing Bodily Harm if you cause physical harm that adversely affects the health and well-being of another person. Some possible injuries that may come with bodily damage are facial fractures, temporary blindness, facial swelling, and permanent scarring.
- Assault: An act of simple assault is when someone intentionally applies physical force to another person without their consent. This behavior can constitute physical aggression, such as hitting, pushing, or slapping.
- Uttering Threats: This involves making verbal threats to another person, either directly or indirectly.
The police are required to investigate all domestic assault allegations and lay criminal charges involving domestic abuse. It is important to speak to a domestic violence assault lawyer as they can help fight the allegations made against you in court.
The criminal process can be complex and sometimes a traumatic experience as domestic assault charges typically involve family relationships. Your domestic violence lawyer will attend all your court dates, request and thoroughly review the disclosure in order to devise an effective defence strategy particular to your case. Once a resolution has been reached, the final choice is yours; however, your domestic violence assault lawyer can give you reliable legal advice on the best option. The legal proceedings can be lengthy and complex, so it is important to have an experienced lawyer on your side.
If your case goes to trial, your domestic violence lawyer will present a defence strategy that is tailored to the facts of your case. Your lawyer will review all the evidence and prepare strong legal defences on your behalf. During the trial, your criminal defence lawyer Toronto will cross-examine witnesses, make legal arguments, and present evidence in order to challenge the prosecution’s case. Often, domestic violence charges are solely based on the complainant’s testimony and your legal representation will work to discredit their evidence and raise a reasonable doubt.
Sentencing for domestic assault charges in Ontario is determined by a number of factors, including the nature of the offense, the defendant’s prior criminal history, and the specific circumstances of the case. The maximum sentence for a simple domestic violence is five years in prison. However, most individuals convicted of domestic assault may be sentenced to less severe penalties, such as probation or a fine. The actual sentence will depend on the specific circumstances of the case and the defendant’s prior criminal history.
Probation will be ordered if you are found guilty of the charge. A probation order will longer for more serious domestic assaults such as aggravated assault, sexual assault, assault with a weapon. A probation order involves conditions that need to be followed such as:
- Reporting to a probation officer on a regular basis
- Abstaining from drug and alcohol use
- Completing community service
- Undergoing treatment for substance abuse or mental health issues
- Completing counseling
- Avoiding contact with specific individuals or places
A peace bond is similar to a probation order and typically involves fulfilling certain conditions. On the other hand, peace bonds don’t result in a criminal record since there’s no criminal conviction. A peace bond is used for less severe types of domestic assault charges such as, simple assault and uttering threats.
What Can a Domestic Assault Lawyer Do For You?
An experienced domestic violence lawyer will help fight the criminal charges against you. If you have been charged with a domestic criminal offence, then be sure to retain a criminal law firm that has lawyers who have a wide range of knowledge and experience in the type of domestic offence you have been charged with and have a proven track record. Your criminal assault lawyer will examine all the details of your case, make legal arguments that apply to it, and contest any evidence against you. The pre-trials will feature discussions with Crown counsel to identify possible resolutions and address any existing legal issues. In addition to constructing your legal defence, your Assault lawyer will work to achieve the best results for you by negotiating a favorable outcome.
If you have been charged with a domestic assault offence, contact Kahlon Law at (1844) 978-8444 today for an initial consultation. Find out what criminal defence services we provide and speak to a lawyer with extensive experience with domestic assault charges.