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.
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What defenses are available in domestic assault cases?
Consent
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-defense
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
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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.
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.
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The Advantages of Speaking with
Jonathan Lapid
Jonathan Lapid - Domestic Assault Charges Industry Leader
Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.
He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.
If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.
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