Ines Gavran
Toronto Domestic Assault Criminal Defence Lawyer
Domestic violence is considered as a very concerning and reoccurring societal issue in Canada
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Criminal Defence Lawyer defends domestic assault charges – Toronto, Brampton, Mississauga, North York
A domestic assault charge is where a person used direct or indirect force against another person, without their consent, and where the two individuals have a unique pre-existing relationship. It applies to romantic partners, spouses, parents, siblings and other family relationships. Domestic violence is considered as a very concerning and reoccurring societal issue in Canada that mandates deterrence and denunciation by the Courts.
DOMESTIC ASSAULT
Criminal Code
What is Domestic Assault?
While domestic assault offence is defined as a simple assault under s.272(1) of the Criminal Code, the Courts treat domestic violence offences as serious assaults that carry harsher sentences, including jail, especially in cases of historic abuse and serious psychological trauma. An allegation of violence of a domestic nature can result in a person being charged with domestic assault with a weapon, domestic assault causing bodily harm and aggravated domestic assault. It is a misconception that where the complainant does not want to participate in the criminal process, the charge will get withdrawn (i.e dropped). A complainant is treated as a regular witness and the Crown can prosecute a domestic assault charge even in cases where the complainant does not wish to cooperate.
Punishment for Domestic Assault
Often, the Crown Attorney will seek a harsh sentence such as suspended sentence, no-contact conditions and imprisonment, as assault on a spouse or a child is considered an aggravating feature on sentencing. On the other hand, the Crown Attorney also have a discretionary ability to decide whether to prosecute or drop the charge. When deciding whether to prosecute or not, the Crown will consider factors such as the views of the complainant, whether it appears that the complainant has been threatened or intimidated by the accused person, whether the complainant may commit perjury if called too testify, whether the accused person is addressing the abusive behaviour through counselling or some other treatment, and whether the accused person has prior convictions for domestic violence offences or other violent offences. In domestic assault cases, it is possible for the defence lawyer to negotiate with the Crown for an 810 peace bond in exchange for the criminal charges to be withdrawn. A section 810 peace bond is an order of the Court with conditions to follow usually for a period of 12 months, and upon signing the peace bond, the person’s criminal charges are dropped. This decision is based on the strength of the Crown’s case, and other aspects, such as gravity of the offence and the circumstance of the case. For this reason, having assistance of a skilled Toronto criminal defence lawyer who is an effective negotiator is of uttermost importance.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you are charged with domestic assault, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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