Can I Get Domestic Assault Charges Withdrawn in Ontario?
What is Domestic Assault?
Domestic assault is one of the most commonly accused crimes in Toronto. Assault combines the threat of violence with the perceived capacity to inflict injury. By definition, this means harm to the victim is not required for there to have been assault. The victim need only feel that harm could have occurred.
Domestic assault is a subcategory of assault and pertains to actions within the home. An assault is classified as domestic if one member of a household is convicted against another member of the same household. It is most prevalent between cohabiting or married couples.
Can I get Domestic Assault Charges Withdrawn?
Domestic assault convictions usually play out differently than other assault convictions because evidence is typically minimal; its not uncommon for the case to rest solely on the victim’s testimonial. This can be especially dangerous for the individual accused because there is also little evidence to dispute the assault accusation.
While this can make defending oneself difficult, an experienced defence lawyer can take advantage of this situation. After successfully defending clients in a number of domestic assault cases, we understand how to break down victim testimonials to detect flaws and lies. We will aggressively seek out and attack inconsistencies in the victim’s story in order to thwart their credibility, and have the case thrown out of court.
Penalties for Domestic Assault in Toronto, Canada
Regarding punishment, a domestic assault charge is the same as an assault charge under the Criminal Code of Canada. This means a conviction could lead to a prison sentence of up to 5 years. If you are convicted then you can also expect problems with regard to traveling, employment, reputation and family contact.
Even if the victim has a shaky case at best, its not unusual for a strict restraining order to be put in place until the case has been resolved. This means that in this time of hardship, it may be impossible to contact any of your loved ones. Speaking with a professional lawyer as soon as possible can help prevent this from happening.
Please see section 266 of the Criminal Code of Canada for additional information regarding punishment for domestic assault. Alternatively, click here for a free case evaluation of your situation at no cost with a professional lawyer.
Related Article: Domestic Assault Lawyers
Experienced Domestic Assault Lawyers in Toronto
Its possible for you to be convicted on nothing more than the victim’s word. Your past actions and whether or not you’ve been an upstanding citizen may be irrelevant.
After presenting your case in court, it is up to the prosecutor to decide if your case proceeds, not the judge, your spouse or the police. In a time like this its important to have professionals who know exactly what to do and how best to present your side of the story to the prosecution. A misstep in this situation could backfire even if you have a strong story.
Take some solace in having professional lawyers on your side. With over 60+ years combined experience helping individuals in your shoes, we know exactly what to present to the prosecution to minimize the chance they pursue your case.
We will take the time to understand the victim’s testimonial inside and out, then pick apart whatever inconsistencies that exist. Not all criminal lawyers are equally skilled in doing this. Don’t let the fate of your future rest with anyone who doesn’t have a track record of success.
If you are interested in a completely free and confidential consultation with a Toronto Criminal Lawyer, please click on the button below. We may be able to help you get your domestic assault charges withdrawn.