At Pyzer Criminal Lawyers, we have more than thirty-five years defending individual facing allegations of domestic assault.
We understand that clients facing domestic assault allegations want to know, more than anything, if charges can be dropped, dismissed or acquitted. The answer is, yes, domestic assault charges can be won resulting in a withdrawal, dismissal or acquittal with the assistance of a skilled domestic assault lawyer at Pyzer Criminal Law.
A withdrawal is the best possible final result for a person charged with an assault offence in Canada. It means the Crown prosecutor on your file has decided to not proceed with the charges. It does not mean a finding of guilt or conviction. Allegations of domestic violence can be withdrawn after effective negotiation by a lawyer on our team; or successfully defended at trial, resulting in the dismissal or acquittal of the charge.
Do not plead guilty to domestic assault without first obtaining legal advice from a law firm experienced in domestic violence, Pyzer Criminal Defence Lawyers.
Domestic assault charges are serious. An individual charged with domestic violence often suffers greatly. At Pyzer Criminal Law we work to restore the quality of life of the accused and their family by competently defending those facing assault charges. If you are facing these serious allegations, a defence lawyer should be your first call.
Know your rights. If you have been charged with domestic assault, contact Pyzer Criminal Defence Lawyers!
Pyzer Criminal Law has successfully defended countless clients with allegations of domestic assault. Each lawyer at our firm has extensive experience in this area of law. We will raise every possible and realistic defence at your disposal with the goal of successfully resolving your case.
Take a look at a recent case a lawyer at our firm defended:
R. v. Q.F. Ontario Court of Justice
The accused was initially arrested and charged with one count of domestic violence against his common-law partner. The allegations were that Q.F. and his wife were having a verbal dispute over their son’s dietary preferences, when Q.F. grabbed the complainant’s neck with both hands, punched her to the left temple and bit her right wrist area. It was further alleged that Q.F. breached his bail in relation to his initial charge. Five days after his release on his initial charge, he was arrested and charged with breaching his bail by attempting to have communication with his wife.
Mr. Pyzer represented Mr. Q.F. and successfully had all of Q.F.’s charges withdrawn at the request of the Crown Attorney’s Office. While the Crown’s initial position was one of a criminal conviction and custody, Mr. Pyzer was able to put together an extensive pre-trial package for the Crown’s Office to review in order to convince them to withdraw the charges against the accused.
Specifically, the factors that Mr. Pyzer was able to present on behalf of Mr. Q.F. that made a difference were:
All charges against Mr. Q.F. were withdrawn. There were no admissions of guilt made by him, no findings of guilt made by the Court and as such, he was able to walk away from this incident with his job intact and without a criminal record.
At Pyzer Criminal Law, we fight for your rights and we fight to win! Click here to read more domestic assault cases and clients we have defended.
We've represented clients in all types of Domestic and Sexual Assault cases, including:
Domestic assault cases are often this variety. From a prosecution point of view, this type of allegation is hard to prove since very often there are few independent corroborating witnesses. Strong representation by a lawyer can advocate on behalf of the accused for a successful resolution.
In such cases, a Peace Bond resolution can be argued for by the accused’s defence lawyer. A peace bond is an agreement made by the defendant with the court that they will abide by certain conditions for a period of either six months or one year. Typical conditions of a peace bond are that the defendant agrees to are to “keep the peace and be of good behaviour” and, often, to have contact with the complainant only with their written revocable consent.
Read our article on What Is A Peace Bond? to learn more about how a peace bond may be the best outcome in your domestic violence case.
In more serious cases, where there is no significant injury to the complainant, the criminal defence lawyer can argue that the matter should be resolved by way of a “discharge” (no criminal conviction or criminal record) and probation, wherein the client agrees to attend the PARS (Partner Assault Response) Program. Check out this article where we have answered this frequently asked question. The client pleads guilty to “assault” and participates in the PARS program.
As the client gets deeper into the program, a bail order may change and bail conditions are relaxed so as to allow greater contact between spouses. After the successful completion of the program, the client receives a discharge.
In cases of involving serious allegations, there are a variety of defences available to the accused by their lawyer. Depending on the circumstances, the accused may have a defence of self-defence available to him. There may be a defence of “defence of third person”. One is permitted to intercede in an altercation to protect an individual who is being assaulted. The crucial factor in a viable defence of self-defence is the degree of force used.
If you retain Pyzer Criminal Law, your lawyer will assess the strengths and weaknesses of a particular defence. The lawyer will conduct interviews with the accused and witnesses who may support the specific defence.
After the lawyer completes a careful review of all evidence and witnesses statements, we make a determination as to the strongest course of action for the accused in the domestic violence case.
When individuals find themselves charged with assault allegations they can be confused by the charges they are facing before talking to a lawyer.
In Canada, incidents involving allegations of violence in a domestic context do not have a specialized criminal offence. While there are differences in how the CA’s Office prosecutes and how the Court views domestic violence allegations, the charges an individual faces are no different in a domestic context than they would be if they were alleged outside of a domestic context.
The following are criminal offences individuals often face in relation to allegations of domestic violence:
An experienced lawyer can help defend against any of these charges related to domestic violence. Whether you are charged with simple assault, assault causing bodily harm, or any other domestic violence charge, you need an experienced lawyer on your side.
With the help of Pyzer Criminal Law, we will raise every available defence to the assault allegation and work to achieve the best possible outcome in your case.
The Criminal Code does not have specific domestic assault offences. A “domestic assault” occurs when any of the various types of assaults or violent offence within the Criminal Code take place in the context of a domestic relationship. The legal definition of a domestic relationship is quite broad. There is also a zero-tolerance policy regarding domestic and sexual assault in Ontario.
A domestic relationship is when two people (either opposite or same-sex) are in an intimate relationship whether as boyfriend/girlfriend, spouses, common-law partners, children and parents, or children and legal guardian.
The cost of a lawyer depends entirely on the circumstances of your case, the complexity of the charges, and how much time will be required to properly defend the matter. A flat fee retainer is generally charged at the beginning of each matter and you will agree to a set fee based on the outcome. For example, if Pyzer Criminal Law is able to have your charges withdrawn, a lower retainer fee may be arranged. If the matter proceeds to trial, an extensive amount of work is performed so a higher retainer may be required.
Every case of domestic assault is unique, so it's best to give our office a call or email in order to schedule a case consultation. That way, a lawyer review your domestic violence case in detail and provide an exact cost estimate for you.
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:
Relevant factors that the Crown Attorney’s Office may take into consideration when deciding whether or not to withdraw a charge include:
If the Crown proceeds by indictment the potential sentence for the individual convicted of domestic assault or sexual assault ranges from a minimum sentence of an absolute discharge to a maximum sentence of a five-year custodial sentence. An indictable offence is more serious than a summary conviction offence.
Conviction of an indictable offence exposes you to greater penalties. If you are prosecuted by indictment for domestic assault, you are entitled to trial by jury for domestic assaults. In the US they use the distinction of a “felony assault” to distinguish more serious allegations from less serious allegations.
Summary conviction offences encompass the most minor 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. In the US they use the distinction of a “misdemeanour assault” to distinguish less serious allegations relating to domestic violence.
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 from contact with their spouse or common-law partner or their children for the duration of their sentence and probation to see.
It is always in the best interest of an accused person facing a domestic assault charge or any other criminal charge to do everything that they can to avoid a finding of guilt and the consequences that accompany a conviction.
At Pyzer Criminal Law, 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. Fill out the form with your email address or call the phone number below to get in touch with a domestic assault lawyer today: