Sooner or later, every person may need to enlist the help of a domestic assault lawyer, as no one is immune to domestic assault charges. If you happen to encounter such a situation, you have come to the right place. Below, we have broken down all the nuances you need to know in order to get the charges dropped.
What Is Considered Domestic Assault?
Domestic assault refers to any unconsented force intentionally applied to an individual who is in a domestic relationship with you, i.e. your partner, a spouse, a member of the family or step-family, a girlfriend or a boyfriend, a child or a parent. This includes, but is not limited to, such actions as grabbing, punching, kicking, choking or even confronting a person or intending to hit them while being armed. For more detailed information on the matter, contact a trusted domestic assault lawyer.
How Is Domestic Assault Penalized in Canada?
If someone commits a domestic assault, the penalty that follows it ranges depending on various conditions. Thus, you can sign a peace bond or be sentenced to imprisonment. One of the main decisive factors that contribute to issuing a sentence is the severity of the assault you committed. Another one depends on the type of the criminal accusation the Crown proceeds: whether it is a summary conviction or indictment. As every case is individual, a failsafe way to end up with the best possible outcome is to consult a highly-qualified domestic assault lawyer.
How To Defend Yourself Against Domestic Assault Charges?
If you have been charged with a domestic assault, do not panic. Even in the worst case scenario, you still can and need to defend yourself. Here is the list of possible ways to do it:
- Factual Innocence.
Factual innocence is considered one of the most effective defenses. It includes the absence of evidence and facts supporting your presence on the scene to commit the domestic assault as well as other significant details.
- Constitutional Rights Violation.
If the police violate your constitutional rights set out by the Canadian Charter of Rights and Freedoms, it can be used to your advantage.
The Crown Prosecutor should provide evidence beyond a reasonable doubt that the accused applied force to the reportedly assaulted person without their consent. Though, it is worth noting that it is impossible to prove that the person was consent if bodily harm took place.
- Self-Defense Or Defense Of Other People.
A person can use force or threat of it for self-defense as well as to defend others from illicit assault, provided it was reasonable and did not cause intentional grievous bodily harm or death.
- Property Defense.
While a property defense is not the strongest type of defense, it can still aid you.
For a proven unforeseeable assault made by accident, there is no conviction.
If the allegedly assaulted person provoked you by goading, jibing or taunting, you can use it to defend yourself.
All that said, domestic assault cases are highly complicated and require great attention to detail as well as legal expertise. An uninitiated person may fail to notice what evidence can be used to defend the accused individual in court. Therefore, it is a wise idea to seek expert advice from a reputable domestic assault lawyer.