Did You Just Get Charged For Domestic Assault?
It’s a very reasonable response to panic in the face of a domestic assault charge. For one thing, there might be some extreme consequences to every facet of your life.
What is a domestic assault charge exactly? A domestic assault is an assault between two or more people that have a relationship with each other, dating, married, common law or have a family relationship.
Examples can include: words or threats, acts or gestures implying an assault, a physical assault on another person, implying physical harm or a threat against another person.
Is a Criminal Offence - Act Fast and Get The Defence You Deserve
Domestic assault accusations are treated seriously by the court system and there’s no reason to let your entire life go to shambles as a result of these circumstances.
What defenses are available in domestic assault cases?
Consent occurs when one person voluntarily agrees to the proposal or desires of another.
The Crown prosecutor has the burden to prove that the accused assaulted his/her spouse/partner/relative without his/her consent. However, if the accused and his/her spouse/partner/relative agreed to take part in rough sexual intercourse or any other activity where both parties agreed to the act, the judge may find that the Crown has not proved the essential element of consent.
Self-defence is a common defence to any type of assault charge. However, there have been recent changes in the law and an accused can only use this defence when a number of criteria set out in the Criminal Code are met. The following are the criteria necessary in order to make a successful self-defence argument:
- Force is being used against you, or you had reasonable grounds to believe that force would be used against you
- Your response to the threat was for the purpose of defending or protecting yourself from the threat or use of force
- Your response to the threat was reasonable in the circumstances
Factors The Court Will Consider
A court will also consider the following factors in determining what was reasonable in the circumstances:
- The history of the two parties
- Whether either party was intoxicated at the time of the offence
- The size, age, gender and physical capabilities of the parties
- The nature of the force being used against the accused
- Whether there were other ways to respond
- Any prior force events
Get an Honest Opinion About Your Case
One mistake isn’t worth a lifetime of headaches. But your first Domestic Assault Charge can really impact your criminal history, take a toll on your finances, and really hinder your employment.
Consequences Of a Domestic Assault Charge
A domestic assault charge in Ontario is nothing to scoff at.
Whether a charge is a first, second, third, or subsequent offense, you’ll be faced with a variety of potential penalties and charges.
- Criminal Record
- Loss of job
- Jail time, hefty fines, and probation
- Will be difficult to immigrate and apply for citizenship
- You’ll be ineligible for certain career paths
- Won’t be able to visit certain countries
- Might have conviction reported publicly
- Not be allowed to return home
25 Years of Experience Defending Domestic Assault Charges
This is a daunting list of possible domestic assault consequences that you may be facing. But you’re innocent until proven guilty. Make sure to hire a competent, skilled attorney that will do everything possible to get your case and your future in line.
The Advantages of Speaking with
- One of the Highest Success Rates
- Free Initial Honest Case Assessment
- Reasonable Fees With No Hidden Costs
- Successfully Defended Hundreds of Clients
- Criminal Lawyers Rely on Him for Domestic Assault Charge Advice
- Jonathan Himself Has 25 Years of Experience
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