Domestic assault occurs when a person harms or intends to harm a member of the household. The fight often involves romantic partners or spouses, but attacks or threats against other relatives, such as children living in the home, amount to domestic assault as well.
The consequences of a conviction could negatively impact and disrupt your life significantly. Even while you await court appearances, the “no contact” terms often included in a bail agreement will prolong the difficulty for your family.
A criminal defence lawyer can assist you with:
- Alleviating your stress by helping you understand and successfully navigate the complexities of the criminal court system
- Attending all of the remand court appearances on your behalf without the necessity of you being present
- Reviewing your disclosure and providing a legal opinion regarding the best strategy to take in your case
- Attempting to negotiate a resolution of your case which avoids both a jail term and a criminal record
- For more serious cases, minimizing the sentence you receive if you decide to plead guilty
- Competently representing you at trial to try and win your case
When the police receive a 911 call and attend a residence to investigate, they will invariably lay an assault charge if the alleged victim makes any complaint that she or he has been assaulted. The police have little discretion in this regard and will often lay a criminal charge even when they view the grounds for the charge and evidence as being weak.
Possible Consequences of a Conviction
Domestic violence charges can often be successfully defended in court, as the only proof the Crown usually has is one person’s word against the accused’s word. The presumption of innocence and the prosecutor’s burden to prove criminal charges beyond a reasonable doubt will, in the majority of cases, allow a good defence lawyer to create reasonable doubt and win at trial where the client claims they acted in self defence or that the alleged assault is fabricated.
If the Crown chooses to prosecute your case as an indictable offence, then up to five years in prison is possible. You could also be at risk of a fine and probationary period and a criminal record which will have a long-lasting and negative impact on your future.
A Crown attorney also has the option to elect summarily instead of by indictment. This is the approach generally taken on cases viewed as more minor assaults by the prosecutors in Cambridge. If the Crown elects summarily, the penalty could be more lenient although a jail term, fine, or probation remains possible assuming there are injuries or you have a prior criminal record. In many summary convictions of domestic assault cases involving minor injuries, we can help you completely avoid a criminal record.
You should not assume that a quick guilty plea is the best way to put an upsetting episode behind you. Speaking with an experienced Cambridge domestic assault lawyer could reveal another way forward which could result in your charges being dismissed, your sentence being reduced, or avoiding a criminal record.
Why You Should Retain a Lawyer
A Cambridge domestic assault lawyer can provide you with the legal advice you need and help you make informed decisions. A good criminal lawyer can guide you through the court system and obtain the best result possible for you. For example, you may be offered a chance to resolve your case quickly in exchange for a guilty plea. However, entering a guilty plea could expose you to multiple negative and devastating sentencing options. We can help you make the best choices for your case.
Michael Kruse has dedicated his legal career to defending people in your position. Over the course of 30 plus years in court, he has helped countless clients throughout Ontario regain a sense of normalcy in their lives.
Our advocacy may convince the Crown or the court to address your case in a more lenient fashion and in many cases potentially spare you from receiving a criminal record. We also have a long-term track record of consistently winning the majority of our domestic assault trials. There is no doubt that choosing the right criminal defence lawyer can make all the difference in the outcome of your case. The skilled and experienced criminal lawyers at Kruse Law will guide you through the court system and obtain the best possible result for your case.
Clear and timely legal advice is critical after an arrest. We will provide immediate guidance about how to approach your domestic assault case in Cambridge. Please call us or fill out an online consultation form at the Kruse Law Firm right now.
Kruse Law Firm operates out of our offices in Kitchener, London, Toronto, and Windsor to assist clients throughout Ontario.