You need accurate and complete knowledge of your legal rights and options before responding to a domestic assault charge in Waterloo. At the Kruse Law Firm, we devote ourselves entirely to successfully defending people accused of criminal offences.
For three decades, our firm’s founder, Michael Kruse, has served as a tireless advocate for people facing prosecution. Our experience and devotion to serving our clients have put us in a leadership position amongst criminal lawyers in Ontario.
WATERLOO DOMESTIC ASSAULT LAWYER
An alleged assault by a person against another member of the household defines the offence of domestic assault. Specifically, it describes when a person harms or intends to harm a:
- Spouse or romantic partner
- Another relative living in the home
Consequences of Domestic Assault Charges in Waterloo
The consequences of this offence range from an absolute discharge to up to 14 years in prison depending on whether you are charged with simple assault, assault causing bodily harm or aggravated assault. If you are arrested, one of two things will
- You will be held in jail until it is determined whether you should be released pending your guilty plea or trial.
- You may be released with bail conditions allowing you to defend the charges while out of custody.
Going forward, a crown attorney will decide how to prosecute your case. The most serious route is if the crown elects by indictment, which means the maximum jail term is much higher compared to if they elect summarily.
An absolute discharge remains as a sentencing option when prosecuted by indictment, but such a lenient sentence is rarely possible. However, an excellent criminal lawyer can often negotiate a conditional discharge and avoid a criminal record if there are minor or no injuries, and the accused has no prior criminal record. For a simple indictable assault charge, a harsher custodial jail sentence of up to 5 years is also possible.
For a minor domestic assault involving minimal or no injuries, the crown will usually elect summarily. This approach is generally associated with less severe cases, but fines up to $5,000 and 6 months in jail could occur.
In both cases, the negative repercussions of having a criminal record can severely harm your personal and professional life. It is always our goal to help you completely avoid a criminal record.
The Legal Process
As part of their investigation, the police will gather statements from the household members, take photographs, and gather any forensic evidence. The police will also look into a suspect’s criminal history. The police will then provide their complete investigative file to the crown prosecutor who will review this information
to determine the direction that the prosecution will take.
WHY YOU SHOULD RETAIN US
Without legal advice, you will lack an understanding of the court system and not have the skill or experience to make proper or timely decisions or know how to advocate on your behalf both in and outside the courtroom. You will simply not be able to represent yourself without an experienced lawyer by your side properly.
Furthermore, the complainant does not have any control in terms of charges laid by the police or the crown’s prosecution decision. The crown attorney has complete control over prosecuting your case. However, an experienced and knowledgeable lawyer from Kruse Law Firm will be able to defend you properly. We will cross-examine the crown witnesses and present your side of the story and attempt to win your case, avoid a criminal record, or obtain a lenient sentence.
As your legal representative, we manage issues like:
- Navigating you through the complex criminal court system. We will help you grasp your legal situation and guide you through the best course of action.
- Attending court appearances. We will attend all of the remand court appearances on
your behalf so you do not have to be present.
- Defending the charges. If you decide to plead not guilty, we will effectively represent you at trial and try to win your case. Assuming you decide to resolve your matter, we will attempt to negotiate a sentence which avoids both a jail term and a criminal record.
We have a long-standing track record of diligently and vigorously defending our clients to allow them to recover from the aftermath of a disruptive episode in the home and get on with their lives.
Fill in the form or call the Kruse Law Firm right now to schedule a no-obligation and confidential consultation with a top criminal defence lawyer.
We charge nothing to start a discussion about your case and provide clear and timely legal advice regarding how you can move forward from here.
Our Waterloo domestic assault lawyers can answer your questions about what to do next.
Our Kitchener office is conveniently located for Waterloo residents.
Kruse Law Firm – Kitchener
311 Frederick Street
Kitchener, Ontario N2E 4E9
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.