When faced with a domestic assault charge in Windsor, it is imperative to contact a skilled criminal lawyer who can act in a timely manner to successfully defend your case. The Kruse Law Firm has the expertise and understanding of the importance of developing a defence that reflects the client’s recollection of the events.
Domestic Assault Charges in Windsor
Domestic assault is the act of intentionally applying force to a spouse, romantic friend, family member, or relative living in the same household. A person can be charged with assault even if they do not cause or intend to cause bodily harm. This type of assault is considered to be very serious in the Canadian criminal justice system, and prosecutors have clear policies and directives to actively prosecute and press forward with domestic violence cases unless there is no reasonable prospect of conviction. These allegations are usually the result of an argument that gets out of hand. Victims of domestic violence will often ask the Crown to drop the charges sometime after the event. However, the Crown will advise them that an alleged victim has absolutely no say regarding whether the Crown will continue to prosecute a domestic assault case.
If anyone contacts the police and the alleged victim makes any complaint about an assault, or any other witness reports an assault, the police are required to lay a charge and have no discretion in this regard. The police also have directives and policies to lay domestic assault charges even if the assault is minor or trivial and the victim does not want charges laid. Unfortunately, domestic assault charges are often laid by the police even if they have very weak evidence that an assault took place.
A domestic assault charge is a severe criminal offence that will have significant negative repercussions for your personal life and employment. You should seek legal advice from your Windsor domestic assault lawyer as quickly as possible for assistance guiding you through the court process. Having a criminal record can have a huge negative impact on your future, both at a personal and professional level.
Our Windsor domestic assault lawyers can help with:
- Understanding our confusing and complicated criminal court system
- Offering you an expert legal opinion and strategizing your next move
- Appearing on your behalf at all remand court appearances
- Minimizing your sentence and avoiding a criminal record if you decide to plead guilty
- Effectively representing you at trial to attempt to win your case
Criminal Code Definition of Domestic Assault
The Criminal Code states that domestic assault can include the most minimal or trifling non-consensual contact, such as a minor push resulting in no injuries. Actions leading to domestic violence-related charges can consist of any of the following actions:
- Assault causing bodily harm or aggravated assault (i.e., the most severe forms of assault)
- Sexual assault
- Criminal harassment or stalking
- Unlawful confinement
- Any other violent criminal action directed towards a spouse or family member
Consequences of Domestic Assault Charges in Windsor
Charges of domestic assault in Windsor will always be carefully and thoroughly investigated by the police, who will look into all of the background leading up to the alleged assault, including your criminal history. Once the police lay the charges, they will eventually provide their complete investigative file (i.e., the ‘disclosure’) to the Crown attorney’s office, who is responsible for the prosecution of the matter.
The Crown prosecutors will assess and analyze the disclosure to determine if there is any reasonable prospect of conviction and the Crown’s position on sentencing, assuming the accused decides to plead guilty.
If you plead guilty or are found guilty after trial, the consequences of a domestic assault charge in Windsor can range from fines, probation, or up to five years in jail. Assuming you are charged with assault causing bodily harm or assault with a weapon, you could face up to ten years in jail. A maximum 14-year jail term is possible if you are charged with aggravated assault, which is the most serious form of assault occasioning major injuries.
You will also not be allowed to have any contact with the person you are accused of assaulting. However, a good lawyer can often negotiate a revocable consent as part of the terms of probation, which allows you to move back into your home and communicate with your spouse assuming he or she agrees to this.
The burden and stigma of having a criminal record will have a significant negative impact on your future. Your Windsor domestic assault lawyer can help you through the court process to minimize your sentence or avoid a criminal record completely.
Why You Should Retain Us
Choosing the right Windsor domestic assault lawyer should be your first priority as soon as possible following the event. Kruse Law Firm has experienced criminal lawyers with the kind of knowledge and skillset to prepare the right defence for you. They will work closely with you to prepare a defence that results in the best possible outcome for your case.
Founding lawyer, Michael Kruse has the experience that he has gained from over 30 years of trial experience successfully defending clients against the Crown. He believes that you are innocent until proven guilty. His outstanding advocacy skill and courtroom tactics have allowed him to vigorously defend his clients who find themselves charged with a criminal offence.
Kruse Law Firm offers a free consultation with a Windsor domestic assault lawyer. At no charge to you, your questions can be answered and you can receive the informed legal advice you need to move forward with the defence of your charges.
Contact Kruse Law Firm today to make an appointment for a free, no-obligation consultation.
Kruse Law Firm operates out of our offices in Windsor, Kitchener, London, and Toronto to assist clients throughout Ontario.