The Kruse Law Firm has the experience and competence to defend your Domestic Assault case. Our dedication and knowledge enable us to develop a defence consistent with your version of the events. Our highly skilled Hamilton Domestic Assault Lawyers are known to defend all of their clients with unparalleled passion.
Domestic Assault Charges in Hamilton
When someone assaults, causes harm or has the intention to harm someone close to them, they can be charged with Domestic Assault. In most cases, domestic assault arises from a disagreement with a member of their family or other household members that escalates into an alleged criminal event.
If someone calls the police to investigate a possible domestic assault case, the police who attend are compelled to bring charges if the alleged victim states that she or he has been assaulted or there is any other evidence that supports a criminal charge. This unfortunate repercussion will happen even if there is weak evidence that anything happened.
Since a Domestic Assault charge is a serious criminal charge, you need to seek advice from your [Location Domestic Assault Lawyer as soon as you can. It is important to have professional assistance to get you through the legal process.
Criminal Code Definition of Domestic Assault
Domestic Assault is any action that results in an unwanted application of force to your spouse, significant other, a member of your family or other relatives who live with you. Other criminal actions included under the term ‘domestic violence’ include:
- Assault, simple or aggravated,
- An assault that is sexual in nature,
- Criminal harassment or stalking,
- Unlawful confinement or kidnapping
- Any other criminal action causing injury or death
Consequences of Domestic Assault Charges in Hamilton
A guilty verdict by the Court can result in fines, probation, anger management counselling through the PARS program or a lengthy prison sentence. This will include not being able to have any sort of contact with anyone else involved. Your Hamilton Domestic Assault Lawyer can guide you through the process and help you understand your options.
The Legal Process
When one faces charges of domestic assault in Hamilton, there is a specific chain of events to be aware of. The police will thoroughly investigate the matter as well as your criminal history and any other contributory factors. The results of their investigation will then be examined by the Crown Attorney in the context of the specific event.
The Crown Prosecutors will take these findings into account to determine what is the legal course of action:
- If your case is prosecuted as an indictable offence, you can face up to 5 years in prison. It is also possible to receive a fine and probationary period, along with a criminal record, which can negatively impact your future.
- If the Crown Attorney chooses to elect summarily, which is normally the case with minor assaults, the penalty is usually more lenient. However, you still face the risk of a fine or probation period even if there were no injuries involved. A substantial jail term is possible if there were injuries involved or you have a prior criminal record.
Your Hamilton Domestic Assault Lawyer can help you throughout the entire court process from start to finish and either win your case or obtain the best result possible. Our lawyers are highly experienced and have a successful track record of winning cases and avoiding a criminal record.
Hamilton Domestic Assault Lawyers
If you find yourself facing these charges, you will need to quickly find the right Hamilton Domestic Assault Lawyer to represent you. The Kruse Law Firm has the right lawyers who have the kind of experience necessary to prepare your best defence. They take pride in working closely with you ensuring that your defence is aligned with your recollection of the event.
Founding partner, Mike Kruse has successfully been defending clients in criminal courtrooms across Ontario for over 30 years. He has dedicated his life to vigorously defending his clients in the courtroom. He is the committed and relentless lawyer you want on your side when facing criminal charges.
Your first step is a consultation with a Hamilton Domestic Assault Lawyer. Kruse Law Firm offers a free consultation that will allow you to obtain the guidance you need and have all of your questions answered. It is the best first step in defence of the charges against you.
Call or email us to schedule a consultation at no cost or obligation.
Kruse Law Firm operates out of our offices in Toronto, Kitchener, London and Windsor to assist clients throughout Ontario.