Domestic Assault Lawyers in Toronto
Get Legal Representation From Experienced Domestic Assault Lawyers
Facing charges of domestic assault can profoundly affect your life, bringing with it significant emotional and legal challenges. From the moment these charges are laid, you are thrust into a complex legal system, bearing severe implications right up to trial.
At Pyzer Criminal Lawyers, our team of experienced criminal defence lawyers brings years of experience navigating these tumultuous waters. We have defended numerous clients across Ontario, providing strategic defence against aggressive prosecution. In the face of strict law enforcement and persistent prosecutorial practices, knowledgeable legal guidance is crucial to effectively managing and contesting domestic assault allegations. If you or a loved one have been accused of domestic assault, we encourage you to secure our legal support early to best navigate the intricate proceedings of these serious charges.
What is Domestic Assault?
The Canadian Criminal Code does not have a specific offence for domestic violence. Most acts of domestic violence are captured under the provisions of various sections of the Criminal Code, including but not limited to assault (ss. 265–268) and/or sexual assault (ss. 271–273). When we talk about domestic assault charges or domestic assault, it refers to an assault charge in a domestic context.
Domestic assault refers to incidents that occur in an intimate or domestic relationship between two people. It can occur between married couples, dating couples, common-law partners, parents and children, or other family members living in the same household. These incidents can take the form of physical, sexual, emotional, or economic/psychological abuse or the mere act of force or threat. This makes it clear that injury does not need to be present for charges to be laid. This broader interpretation underscores the seriousness with which the Canadian legal system treats domestic violence, especially due to the vulnerability of the victim and the potential for ongoing violence.
The Role of a Criminal Lawyer in Domestic Assault Cases
The role of an assault lawyer in domestic assault cases is both critical and complex. Their primary objective is to protect your rights and ensure a fair trial. In essence, they act as a mediator between the accused and the justice system. These experienced legal professionals are adept at translating intricate legal principles into comprehensive defence strategies, ensuring that your narrative is effectively communicated and considered by the court. They navigate the legal nuances inherent in domestic violence allegations with precision, always focusing on advocating for fair bail conditions and the diligent protection of your rights throughout the process.
A key aspect of a criminal lawyer’s role involves crafting a defence uniquely tailored to your specific situation. They examine the charges closely, taking into account the circumstances that might affect your case. This personalized approach helps protect your freedom and reputation during this difficult time. By carefully strategizing, a criminal lawyer offers the best possible support and aims for a fair outcome while upholding the principles of justice and fairness.
Different Types of Domestic Assault Charges That We Defend Against
Domestic assault charges can be complex, but understanding them is crucial for building your defence. The specific nature of the allegations will determine the exact charge you're facing. Here's a breakdown of the most common types of domestic assault charges and how they differ in terms of severity:
Assault (s. 265)
This is the most common type of domestic assault charge. Examples include pushing, shoving, or grabbing someone.
Assault With a Weapon or Causing Bodily Harm (s. 267)
Assault causing bodily harm (ABH) is more severe than simple assault but less serious than aggravated assault. It refers to cases where the accused has inflicted notable injuries on the complainant with the injuries being described as more than brief, fleeting, or minor in nature. This may include injuries such as black eyes, significant lacerations, broken bones, or other considerable harm. In Canadian criminal law, the severity of these injuries often elevates the charges, reflecting the heightened risk and potential for long-term impact on the victim.
Assault with a weapon is categorized as a grave offence under Canadian law. It involves using, attempting to use, or threatening to use a weapon within a domestic context. This form of assault can dramatically escalate the severity of a case due to the potential harm a weapon can inflict. The term "weapon" is also broadly defined to include any object used, intended for use, or threatened to be used to cause harm or intimidate another person. It can include a knife, a gun or even common household items such as belts, bottles, or even furniture, making the legal boundaries of what constitutes a weapon somewhat ambiguous.
Aggravated Assault (s. 268)
Aggravated assault represents the most serious non-murder-related assault charge in Canada and applies to domestic assault cases as well. This level of assault involves actions that either cause serious harm or pose a real threat to the life of the victim, including but not limited to wounding, maiming, disfiguring, or any act that endangers life. Due to its serious nature, aggravated assault is strictly prosecuted and reserved for cases where the injuries or potential for injury are particularly grave.
The criteria for classifying an assault as aggravated are stringent and require clear evidence of severe bodily harm or life-threatening actions. Common injuries in these cases might include significant lacerations, fractures, serious burns, or head and tissue injuries that lead to substantial and lasting physical or psychological impairment.
Defending Against Allegations of Domestic Assault in Toronto
If you have to defend against domestic assault charges in Toronto, you need more than just legal knowledge — you need action. You also need to understand your options. At Pyzer Criminal Lawyers, we put our years of experience to work for you. Our deep understanding of the law means we can quickly analyze your situation and build a defence custom-made to get you the best possible outcome.
False Accusation
Unfortunately, domestic assault charges can sometimes be falsely made. One of the defences that can be crucial in cases of domestic assault is the assertion that the accusations made are false. This defence arises when the allegations do not align with the facts, and there may be clear evidence to support the accused's innocence. Examples where this defence might be relevant include cases of mistaken identity or scenarios where the accused has a verifiable alibi or digital communication, such as text messages or social media posts, which contradicts the allegations.
Building a defence on the grounds of a false accusation requires a detailed collection and careful presentation of evidence that supports your version of events. Your lawyer can identify weaknesses in the case, such as inconsistencies in the accuser's story, lack of evidence, or mistaken identity. This evidence plays a pivotal role in challenging the credibility of any accusations against you and can significantly influence the direction and outcome of the case.
Self-Defence, or Defence of a Family Member
Canadian law recognizes the right of self-defence or the defence of a family member. This defence is applicable in domestic assault cases where the accused acted to protect themselves or a relative from imminent and serious harm. This legal provision is critical in scenarios where the situation involves violence initiated by the other person or there is a documented history of violence by the alleged victim against the accused or others, which substantiates the need for defensive action.
To invoke this defence effectively, it must be demonstrated that the use of force was necessary and proportionate to the threat. This includes showing that the force you used was reasonable under the circumstances and was deployed solely to prevent further harm. The defence must establish that no excessive force beyond what was required to neutralize the threat was used.
Unintentional/Accidental Harm
A defence of unintentional harm can be crucial in domestic assault cases where the physical impact was accidental, not deliberate. This strategy involves acknowledging the physical contact but demonstrating that it occurred without any intent to harm or intimidate. An example might be a scenario where injuries were sustained during a reflexive action or during an attempt to prevent a dangerous situation, such as breaking a fall.
To substantiate a claim of unintentional harm, it is vital to present clear and credible evidence that supports the accidental nature of the incident. This may include witness testimonies, video footage, or expert analysis that aligns with your account of the events. This evidence must convincingly demonstrate that you had no malicious intent and that any contact made with the complainant was incidental and not a result of deliberate aggression.
Procedural or Investigative Errors
In some instances, a defence strategy may be built around procedural or investigative errors made during the initial handling of the domestic assault allegations. This can include instances where law enforcement may have failed to follow proper protocols, exhibited bias, or made errors during the collection of evidence. These missteps can significantly impact the integrity of the case against the accused.
This defence often involves a detailed examination of the police investigation process, including the manner in which evidence was gathered, the preservation of that evidence, and the adherence to the rights of the accused during interrogations and arrest procedures. If significant procedural errors can be demonstrated, this can lead to questions regarding the validity of the prosecution's case.
Sentences for a Domestic Assault Charge
If you are facing domestic assault charges, the decisions you make now can have a lasting impact. The potential penalties, bail conditions, and long-term impact on your life depend heavily on the specific circumstances of the alleged assault and the strength of the evidence.
Sentences and Penalties
Depending on the severity of the domestic assault and your criminal history, potential sentences for a domestic assault charge can range from absolute discharges (no jail time) to significant prison sentences. Factors like the degree of injury caused and remorse play a role in sentencing. An absolute discharge, if granted, prevents a conviction from showing on a standard criminal record check. However, a domestic assault conviction will appear as an assault charge on your record.
Section 266 of the Criminal Code deals with the penalties for assaults. Domestic assaults can be charged as either summary or indictable offences, leading to a wide range of potential sentences. If the Crown proceeds summarily, you could face up to 18 months imprisonment and/or a fine. If the Crown proceeds by indictment (more serious cases), the maximum penalties increase significantly, including:
- Up to 5 years imprisonment for simple assault
- Up to 10 years for assault causing bodily harm or assault with a weapon
- Up to 14 years for aggravated assault
Any sort of assault in the domestic context is considered serious, and the Crown will be asking the judge for a higher sentence than if the assault occurred in a non-domestic situation.
The more favourable result is usually achieved by hiring a reliable domestic assault lawyer who can get your domestic violence charges dropped. You can trust Pyzer Criminal Lawyers to handle your case with the experience and skill necessary to obtain the best result available for your case.
Consequences of a Conviction
If you are convicted of domestic assault or domestic abuse you will have a criminal record for the rest of your life (unless you successfully apply for a pardon, which is complex and takes many years). Having a criminal record can and will have devastating effects on you and your family. You can run into difficulties crossing the border into the U.S., finding employment, renting a house, volunteering, or pursuing a career in teaching, childcare, or medicine. If you are dealing with family matters in front of the court, such as child custody issues, the family court judge can consider your criminal record as evidence of bad character.
Bail Conditions for Domestic Assault Charges
When you’re arrested on allegations of domestic assault, the legal process that follows is both immediate and impactful. Typically, you will be separated from your partner, taken into custody, and a bail hearing scheduled within 24 hours. This initial phase is crucial, as it sets the stage for what you can expect while awaiting trial.
Understanding the bail process and the potential conditions that can be imposed are essential. At Pyzer Criminal Lawyers, we emphasize the importance of obtaining skilled legal representation immediately after an arrest. Our experienced bail hearing lawyers are prepared to provide urgent assistance during the bail hearing, aiming to secure the release of our clients under the most favourable conditions possible.
During the bail hearing, the judge may impose various conditions designed to ensure the safety of all parties involved and the community at large. Common bail conditions might include no-contact orders with the alleged victim, restrictions on returning to the family home, and prohibitions on possessing weapons or consuming alcohol and drugs. The accused may also be required to sign a recognizance, which is a formal pledge to abide by these conditions. Other potential conditions might include things like anger management counselling or electronic monitoring, depending on the circumstances. Failure to comply with any of the set terms can result in re-arrest and potential detention until the trial.
Your Rights Under the Charter
Right to Representation
If you have been arrested, section 10 of the Charter directs police to inform you as soon as possible about your right to contact a lawyer. If the police do not inform you of this right, you may be entitled to a remedy from the court. For instance, the court may exclude certain evidence or enter into a stay of proceedings. It is important to note, however, that these remedies depend heavily on the nature of the violation and the specifics of the case.
Right to be Informed
Section 10 of the Charter also directs police to promptly inform you why you have been arrested and to provide a reasonable opportunity to contact legal counsel. For more information about unlawful arrest, read our comprehensive guide on unlawful arrest.
Right to Remain Silent
If you are arrested, the only information you are required to give to the police is your name, date of birth, and address. Other than giving that, the best thing to do is remain silent until you have talked to a lawyer. We always recommend that you talk to a criminal defence assault lawyer before talking to the police.
Get Help From a Proven Toronto Domestic Assault Lawyer
The criminal realm is complex, and if you face it alone you could cause detrimental and irreversible findings of guilt. You do not need to deal with your domestic assault charges alone. At Pyzer Criminal Lawyers, our lawyers have the research skills and extensive experience defending allegations of domestic violence in all of the specialized courts and in all jurisdictions within Toronto and the Greater Toronto Area. We are dedicated to successfully defending individuals facing allegations of domestic assault. Call us today for a free case evaluation.
Bail Process
When you are arrested on allegations of domestic assault, the police are required to separate you and your ex or current partner and take you to jail for a bail hearing. Your bail hearing should occur within 24 hours of you being arrested. The reason for a bail hearing is for a court to decide whether you should remain in custody until your trial, or whether you should be released pending your trial. If you are arrested for domestic assault, you need to call a criminal defence lawyer right away.
If you retain one of our skilled lawyers, Pyzer Criminal Lawyers will be with you every step of the way, including your bail hearing. We will find the best legal defence possible with the goal of you remaining in the community until there is a resolution with the court, such as dropped charges or a pending trial.
Get your defence started. Speak to an experienced domestic assault lawyer.
Domestic Assault Case Study
R v J.A.
The accused, J.A. was charged with one count of domestic assault and one count of assault causing bodily harm. At the time of the alleged assault J.A. was in an eight month long romantic relationship with the complainant, a woman he had known for seventeen years. It was alleged that he and the complainant got into a verbal argument that escalated, during which the complainant attempted to leave. It was alleged that J.A. then grabbed her by her shoulders, shaking her, eventually pushing her to the ground and punching her in the face. He then placed her in a bear hug preventing her escape. J.A. maintained his innocence throughout the ordeal.
According to him, the complainant had acted vindictively. She had fabricated the alleged assault to punish him for ending their relationship. Jonathan Pyzer represented J.A. in the Ontario Court of Justice and was successful at having all of the charges against him dismissed. The defence was able to exploit the lengthy delay for the accused’s benefit. As well, the defence marshalled a great number of witnesses demonstrating to the court that the complainant was untruthful in her statement to the police regarding J.A.’s actions.
Domestic Assault Case Study
R v R.A.
The accused, R.A. was charged with domestic assault. At the time of alleged assault R.A. had been married to his wife, the complainant for nine years and they had three children together. It was alleged that R.A. and the complainant got into a verbal argument about the lack of attention R.A. had been paying to complainant. It was said that R.A. followed the complainant into their seven year old child’s bedroom and continued to argue. It was alleged that R.A. then grabbed her by both arms, sat her upwards and choked her wrapping one of his arms around her neck. It was said that as the complainant tried to leave R.A. dragged her back into the room, and pushed her up against the wall. As a result of the incident the complainant had visible bruising on her left bicep and the right side of the neck.
Jonathan Pyzer successfully represented R.A. and was able to get the charge against him withdrawn, despite the accused having a previous finding of guilt from a separate incident. The defence was able to negotiate a deal with the Crown, that upon R.A. entering the PARS (Partner Assault Response Services) program and signing a s. 810 peace bond the charges against him were withdrawn. Initially the Crown’s office was reluctant to withdraw the charges given R.A.’s record of domestic assault, the injuries suffered by the complainant and the fact that there was a child present during the incident. However with much effort and determination the defence was able to persuade the Crown not to proceed, as a finding of guilt would have ended R.A.’s career.
Words from Client’s We’ve Defended
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Frequently Asked Questions
The first thing that you have to understand is that in domestic assault cases, the Crown prosecutor, not the complainant, is responsible for deciding whether to proceed with charges. While the complainant can recant their statement or ask for the charges to be dropped, the Crown has the discretion to continue with the prosecution.
That said, complainants or alleged victims who attempt to change their story open themselves up to potential criminal charges in the justice system for misleading a police officer. Such potential criminal charges can include:
- Obstructing a peace officer (punishable by up to five years in jail);
- Obstructing justice (punishable by up to 10 years in jail); and
- Fabricating evidence (punishable by up to 14 years in jail).
While the risk is real, police and prosecutors don't always file charges against complainants who recant. Prosecutors weigh many factors, including the severity of the alleged assault, the reason for the recantation, and whether there's enough other evidence to proceed without the complainant's testimony.
Relevant factors that the Crown Attorney’s Office may take into consideration when deciding whether or not to withdraw a charge include:
- Lack of prior police involvement;
- Repeat incidents of domestic violence, which is an unfavourable aggravating factor for the accused;
- No prior criminal record;
- Lack of injuries;
- The single incident alleged as opposed to multiple incidents;
- No involvement of a weapon;
- No children present in the home;
- No allegations of choking; and
- No allegations of isolating, stalking or controlling behaviour, amongst others, are unique to each fact scenario.
In Canada, many assault charges are hybrid offences. This means the Crown prosecutor can choose whether to proceed by summary conviction or indictment. The latter is a more serious process, with higher maximum penalties. The exact maximum sentence for an assault charge depends on the severity of the offence—it can range up to 5 years for simple assault or up to 10 or 14 years for the most serious types of assault. If the Crown proceeds by indictment, the accused has the right to a jury trial. However, if you are convicted, you could potentially have greater consequences.
Summary conviction offences encompass less severe offences in the Criminal Code. Unless a different penalty is specified, these offences are punishable by a fine of up to $5,000 or a six-month jail sentence or both. You cannot be fingerprinted for a summary offence.
A criminal record after assault allegations carries a number of negative consequences for the accused, sometimes even more so for those convicted of domestic assault. Employment, education and volunteer opportunities are significantly compromised as individuals with criminal records are often overlooked. It can also impose limited travel ability, specifically into the United States of America. If there are any pending family law proceedings, a conviction for domestic assault can impact those proceedings as well.
Convicted individuals can be subject to additional restrictive conditions that prohibit them returning to the family home and having contact with their spouse or common-law partner or their children for the duration of their sentence and probation to see.
The justice system is complex, but you do not need to face your charges alone. Call us today for a free case consultation and how we can help with your charges.