An arrest for domestic violence in Kitchener places an individual in an alarming situation. The Kruse Law Firm stands with people in this position because everyone deserves a second chance. Michael Kruse has a long and highly successful track record of winning trials and leads a team of skilled criminal lawyers prepared to develop a strong domestic violence defence.
Contacting a defence lawyer as early as possible is of paramount importance. When dealing with domestic violence, you need an experienced and knowledgeable lawyer to avoid the potentially life-long negative impact of a criminal record.
KITCHENER DOMESTIC VIOLENCE LAWYER
The Criminal Code defines simple assault as the intentional application of force against someone without consent or the credible threat of applying force. Assault occurring between people in an intimate relationship or a relative living in the same household transforms assault into domestic assault. A Crown lawyer in Kitchener will treat a domestic assault case very seriously because society strongly disapproves of alleged physical, emotional or psychological attacks on a spouse, domestic partner, child, common-law partner or romantic partner.
Domestic violence falls into four categories:
- Physical assault
- Sexual assault
- Psychological assault
- Attacks on property and pets
Penalties for domestic violence crimes will often exceed those applied to non-domestic assault cases. A Crown lawyer may feel especially motivated to take a domestic violence case to trial so as to appear sympathetic to victims even if the evidence does not strongly point to conviction. Due to a culture of committed and aggressive prosecution, the advocacy of a domestic violence defence lawyer is crucial to gaining fair treatment.
Punishments escalate in accordance with what happened. A first offence that did not result in injuries or involve a weapon may be treated somewhat leniently. Subsequent offences, the involvement of a weapon or minor or severe injuries raise the risk of serving a prison sentence.
Examples of domestic violence penalties:
- High Fines, including a victim fine surcharge
- Payment of restitution to the injured party
- Probation under terms of a suspended sentence
- A conditional discharge which avoids a criminal record
- A conditional sentence (i.e. house arrest)
- A maximum of 6 months in prison for a summary conviction domestic assault
- A maximum of 5 years in prison for an indictable domestic assault
- A maximum 10 years in prison for domestic sexual assault or domestic assault with bodily injuries
- 14 years in prison for aggravated domestic assault
Long-term consequences for a conviction can include firearms restrictions or submission of a DNA sample. Additionally, a criminal record will interfere with employment, foreign travel, access to housing and child custody.
Being arrested for domestic violence sets off a process that compels police to lay mandatory criminal charges. The Crown Attorney’s office will then evaluate the case to determine if they are seeking a jail term and whether there is a reasonable prospect of conviction.
WHY YOU SHOULD RETAIN US
Domestic violence cases invite harsh judgment, but the Kruse Law Firm recognizes that every individual arrives in this situation due to unique facts and circumstances. For over 30 years, Michael Kruse has proven himself to be a tenacious advocate for those threatened by criminal accusations.
When you work with us, you can be sure to get the best legal advice tailored to your situation. We will guide you through the intricate court system and help you make informed decisions. We will represent you in court and either try to win your case or negotiate the best outcome.
A timely response to domestic violence charges could spare someone from making an ill-informed mistake that results in a criminal record. Book a consultation now to speak with an experienced defence lawyer. We want to help you. Call 519-744-0973 in Kitchener or fill out the online contact form.
Call us toll-free from anywhere in Ontario at ++1-800-699-0806.
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.