If you’re facing domestic assault charges, understanding your chances of a successful defence is likely your number one concern. At Kruse Law Firm, we frequently encounter questions about the likelihood of winning these cases. The truth is, determining the odds requires a specific approach, starting with a detailed examination of the evidence.

Initial Consultation

During our initial meeting, clients often ask, “What are my odds of winning?” It’s crucial to understand that without reviewing the police reports and disclosure documents, providing an accurate assessment is impossible. These documents contain critical details, including the victim’s statement and any evidence collected by the police.

The Importance of Evidence Review

Before or shortly after your first court appearance, we typically receive access to all pertinent information, such as:

  • Victim statements
  • Police notes
  • Video statements

Reviewing these documents in detail with you is essential for evaluating the strength of your case.

He Said, She Said: A Potentially Winnable Scenario

Let’s consider a scenario where the case is primarily based on conflicting accounts between you and the alleged victim, with no physical injuries reported. These “he said, she said” cases are inherently challenging for the prosecution due to the requirement to prove guilt beyond a reasonable doubt. This high standard of proof benefits the defence, especially in cases lacking concrete evidence other than the alleged victim’s word. 

Understanding “Beyond a Reasonable Doubt”

In Canada, the threshold of “proof beyond a reasonable doubt” is not merely about likelihood of guilt, but requires a much higher level of certainty. This standard presents a significant hurdle for the prosecution, especially in cases with minimal evidence or where the only testimony is contradictory accounts from the involved parties.

When Can We Give You an Opinion on Your Odds?

A realistic assessment of your chances becomes possible only after a thorough review of all available evidence. The nature and extent of any injuries, the consistency of the victim’s account, and other corroborating evidence play crucial roles in shaping this assessment. For instance:

  • Cases with severe injuries and consistent victim testimony might present a challenging defence.
  • Cases relying solely on conflicting accounts, especially with inconsistencies in the prosecution’s evidence, often have a favorable outlook.

The Bottom Line

The true measure of your odds of winning a domestic assault case in Ontario, or anywhere in Canada, lies in the detailed evidence analysis conducted with your legal team. It’s through this meticulous process that we can provide a calculated opinion on your chances, guiding you towards the most strategic defence approach.

Seeking Expert Legal Defence?

Facing domestic assault charges can be overwhelming, but you don’t have to navigate this journey alone. Kruse Law Firm focuses exclusively on criminal defence, offering the expertise, guidance and support needed to address these charges head-on.

Contact us for a free, confidential consultation. Let our experience be your guide as we work together towards the best possible outcome.

Video Transcription:

Our firm represents a lot of men and women who have been charged with domestic assault, you’ve come to us, you’ve retained us, and say “hey look Mike, I didn’t do this, I’m innocent, and I want to plead not guilty. “Well the first question you should ask is, what are my odds of winning this case?” Well first off all, it’s really give you the odds of winning that case, it’s impossible for me to do that at our first meeting without reviewing the police report, and the disclosure. After, on or after, your first appearance, we are going to get a copy of victim statement, all of the police notes etc., the video statements, sit down with you and review your odds of winning. Now let’s assume that it’s just a he said, she said, case, with no injuries on the victim. So the victim says, you know, you pushed her, did this and that in the home. That case, is always potentially winnable. There’s no other evidence. The crown has to prove that beyond a reasonable doubt, and we can often, win that type of case. If you look at the tests in Canada, or proof beyond a reasonable doubt, you’ll understand why. Proof beyond a reasonable doubt is not about probably guilty, it’s somewhere between probable and absolute certainty, but it’s far close to absolute certainty. Than it is to probability. It has a difficult burden. If you can create any reasonable doubt, you’re going to win your case, and on a simple, he said, she said, case, with minimal or no injuries, you’re often going to win that type of case. But the real answer to that question is found in the police reports, that’s when we give you the opinion. We can give you the opinion with odds within reason about, you know, whether, “look, there’s no chance of winning, there’s serious injuries on the victim.” “Oh look, it’s just your word against hers, there’s no injuries, this is at least a fifty-fifty case, if not higher, or we see inconsistencies right away in the video statement, well this is a pretty good looking case, I think you’re going to win this” That’s the bottom line about your odds of winning in Ontario, or Canada, but the real issues is that you need to those police reports and review them with your lawyer, before you know what you are up against.
By Published On: August 2, 2023Last Updated: July 21, 2025Categories: General, Video

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