Domestic Assault Charges: Why Hire a Criminal Defence Lawyer

Being charged with domestic assault is a severe offence that can have long-lasting consequences for the accused. Domestic assault is a criminal offence that can result in severe penalties, including imprisonment, fines, and a criminal record that can affect employment and education opportunities. 

Therefore, if you have been charged with domestic assault, it is essential to seek the services of the best criminal lawyer who can defend you against the charge.

Domestic Assault Charge in Ontario

In Ontario, domestic assault is a criminal offence that can carry a maximum sentence of five years in prison. Domestic assault is an assault against a current or former spouse, common-law partner, or dating partner. Domestic assault charges can also include physical or verbal abuse against children, parents, or other family members.

Domestic assault is a severe crime, and the Crown prosecutors take it seriously. Once the police are called to a domestic incident, they must lay charges if there is evidence of violence or abuse. The Crown prosecutors will then decide whether there is enough evidence to proceed with the case.

Defending Against Domestic Assault Charges

Suppose you have been charged with domestic assault. In that case, you need a criminal defence lawyer who understands the complexities of these cases and has the experience to defend you against the charges. 

The following are some of the strategies that a criminal defence lawyer may use to defend you against a domestic assault charge:

Challenging the Evidence

One of the most effective ways a defence lawyer can defend you against domestic assault charges is by challenging the evidence presented by the Crown prosecutors. The Crown prosecutors must prove beyond a reasonable doubt that you committed the assault. However, the evidence presented may be weak or unreliable in many cases.

A skilled domestic assault lawyer can identify any inconsistencies or weaknesses in the evidence against you and use them to challenge the Crown’s case. This may include questioning the credibility of witnesses, disputing the reliability of forensic evidence, or pointing out flaws in police reports.

Questioning the Victim’s Motives

In some cases, the alleged victim may have a motive for making false allegations of domestic assault. This may include seeking revenge, gaining an advantage in a divorce or custody dispute, or trying to avoid criminal charges.

A criminal defence lawyer can investigate the victim’s motives and use this information to challenge the credibility of their testimony. This may involve gathering evidence that contradicts the victim’s version of events or presenting evidence that shows the victim has a history of making false accusations.

Self-defence

An accused person may have engaged in physical violence in self-defence. Self-defence is a legal defence that can be used if you reasonably believe you are in danger of being physically harmed and use force to protect yourself.

A criminal defence lawyer can argue that you acted in self-defence and that the force used was necessary to protect yourself from harm. The lawyer will need to demonstrate that you had a reasonable belief that you were in danger and that the force used was proportional to the threat faced.

Mistaken Identity

In some cases, an accused person may be mistakenly identified as the perpetrator of domestic assault. This can happen if the victim is under stress or lacks clear evidence linking the accused to the crime. A criminal defence lawyer can argue that you were not the person responsible for the assault and present evidence that supports your alibi or identifies an alternative suspect.

Defence Strategy and Plea Bargaining

Sometimes, a criminal defence lawyer may recommend a plea bargain to reduce charges or sentences. A plea bargain involves negotiating with the Crown prosecutors to plead guilty to a lesser charge or to accept a reduced sentence in exchange for a guilty plea.

Defence lawyers can also use other strategies, such as seeking alternative dispute resolution, to resolve the case outside court. This can be especially useful in domestic assault cases, where the accused and the victim may have a personal relationship they wish to preserve.

Conclusion

Suppose you have been charged with domestic assault. In that case, it is essential to seek the services of a criminal defence lawyer experienced in defending against these charges. A criminal defence lawyer can provide expert legal advice, represent you in court, and help you navigate the criminal justice system.

Calvin Barry Professional Corporation is a group of criminal defence attorneys covering the Greater Toronto Area, including Brampton, Mississauga, and Toronto. You can be sure that your case will be handled by a lawyer with a broad background and expertise in DUI/Impaired Driving, Domestic Violence and Abuse, and Criminal Law thanks to Calvin Barry’s extensive experience in criminal law, built on a foundation of more than sixteen years working as a Senior Crown Attorney. Get a free consultation with a Toronto domestic assault lawyer today!