Hire A Reliable Domestic Assault Lawyer To Address Your Charges
When facing domestic assault charges, the legal process can be overwhelming and confusing. With the help of an experienced domestic assault lawyer at Erickson Law, you can have a chance to defend yourself against the allegations. We use a range of strategies to help build a strong defense and our domestic assault and criminal defense lawyer operates justly considering all circumstances of your case.
In order to obtain the most favorable outcome for your case, it is highly recommended to hire a reliable domestic assault lawyer who can potentially get your domestic violence charges dropped. At Erickson Law we have the necessary experience and skill to handle your case with the utmost professionalism and diligence. It is highly recommended that you seek advice from a criminal defense lawyer before entering a plea to any charges.
What Is Domestic Assault?
Domestic assault refers to any type of assault or violent offense that takes place between current or former partners, between children and their guardians, or any people in an intimate relationship. The Criminal Code includes a range of assault offenses, such as assault, assault causing bodily harm, assault with a weapon, aggravated assault, and sexual assault. In addition to these offenses, individuals who are charged with domestic violence may also face charges related to uttering threats, implying harm against a person, criminal harassment, prohibited conduct, or mischief.
Domestic Assault Penalties
The potential penalties for a domestic assault charge depend on the specific circumstances of your case, such as the nature and context of the assault. If you are found guilty, the penalties range from a discharge to up to 14 years in jail. If you receive an absolute discharge, you will not have a criminal record, but if you are convicted of domestic assault, it will be recorded as an assault charge on your criminal record. For example, if a weapon was involved, or if the complainant suffered bodily harm, the maximum sentence is 10 years. If the accused choked, suffocated, or strangled the complainant, or if the assault resulted in serious injury or endangerment to the complainant’s life, the maximum sentence is 14 years. It is important to note that any type of assault in the domestic context is considered serious, and as a result, the Crown will likely request a higher sentence than if the assault occurred in a non-domestic situation.
A domestic assault or abuse conviction can have long-lasting and devastating consequences for both you and your family. It results in a permanent criminal record, which can lead to numerous difficulties in various aspects of life, such as finding employment, renting a house, crossing the U.S. border, volunteering, and pursuing careers in certain fields, like teaching, childcare, or medicine. If you are in the middle of a family court case, such as child custody proceedings, your criminal record can also be used as evidence against you. Following your sentence, you may also have to comply with certain court conditions, which can be especially difficult in the context of domestic assault cases and domestic violence charges. In many cases, you will be prohibited from contacting the complainant, which can make it challenging when there are children involved.
Domestic Assault Defence
One possible strategy of defence is seeking to have the charges dropped. This could occur if the prosecution’s case is weak or lacks evidence. Your lawyer may negotiate terms for a peace bond, which is a conditional means of withdrawing charges. This could involve agreeing to certain conditions, such as attending counseling or therapy, as a way of resolving the matter outside of the courtroom. In cases where the evidence of your innocence is strong, your lawyer may focus on establishing and presenting this evidence in court. They may argue that your Charter Rights were violated in the course of the investigation or arrest, which could lead to the charges being dismissed or reduced. Another possible defense is arguing that you acted in self-defense or in defense of another person. If your lawyer can prove that the assault was a result of unjustified provocation, they may be able to argue that the assault was not a criminal act. Your lawyer may also argue that the assault was accidental and unforeseeable, which would not qualify as a criminal act.
If you are convicted, your lawyer may negotiate and plead for favorable sentencing terms. This could involve seeking a reduced sentence or probation rather than a custodial sentence. In some cases, if the conviction was unjust or the legal process was flawed, your lawyer may also appeal the conviction. With the guidance of a Erickson Law domestic assault lawyer, you can navigate the legal process and work towards the best possible outcome for your case.
Hiring a criminal defense lawyer with experience in domestic assault and domestic violence charges is essential in protecting your rights and ensuring the best possible outcome for your case. Contact Erickson Law at (416)363-3612 so we can help guide you through the legal process and provide you with the legal defense you need to protect your future.