Domestic Assault is a specific charge of assault pertaining to the action of harming or intent to harm a family or household member or partner.
Usually the effects and consequences are drastic and immediate. The accused can no longer go home or perhaps even contact their partner. If you are faced with a charge of domestic assault, don’t limit your options. There may be one or more valid defenses, given your particular case. For example, we may be able to prove that your rights have been violated under the Charter of Rights and Freedoms.
Don’t give up and automatically enter a guilty plea to a charge of domestic assault. The consequences may be very serious for you, your family and your future. The criminal justice system does not take lightly to those who are processed under it. If a person is found guilty of domestic assault as an indictable offence, he will be imprisoned for a maximum of five years; he may also be found guilty of an offence punishable on summary conviction.
Most of the time, charges of domestic assaults arise from tense situations when a 911 call is made and the police are brought in to confront both parties and prevent any further conflict. When the complainant realizes that their partner is getting handcuffed and taken away by the police, the complainant may try to dissuade the police. Often there is nothing they can do to reverse or mitigate the charges once the arrest has been made.. Even if the partner wants to drop charges, most of the time the process of pressing criminal charges will still go on. When this happens, It is better to just leave the situation in the hands of a good lawyer.
There is still a possibility of doing some things to make the situation more manageable for example, you may be allowed to go back to your home, even before the trial is resolved. While it may be difficult to obtain such permission from the Crown, a good lawyer can often make this possible. The complainant often needs a lawyer, and the defendant’s lawyer will need to show that permitting the accused to go back home will be for the good of the family.
Usually the accused will be investigated to determine his or her criminal history, as well as the context of the alleged crime. The Crown Attorney must ascertain whether this was a first offence or if this or any other form of assault has been repeated over time. They will see if your partner desires to reconcile and if there were any witnesses to the alleged incident. They will also check if you are a Canadian citizen.
If you are accused of domestic assault, an experienced criminal lawyer can identify the methods of defence available for you, given your unique situation. At Kruse Law, we have a lot of experience in defending domestic assault cases, you want us on your side.