Domestic Assault Lawyer in Toronto

Helping Our Clients Overcome Serious Criminal Charges

Assault is taken very seriously in Canada, and a single conviction can lead to stiff consequences and a permanent criminal record. However, not all acts of violence are viewed equally under the law. Anyone facing domestic assault allegations may face more punitive measures than someone charged with simple assault. Canadian law sees violence involving a domestic relationship as an aggravating factor. A conviction can have long-term detrimental effects that go far beyond a simple criminal record. If you’ve been charged with such a crime, it’s essential to speak with a domestic assault lawyer in Toronto.

At AR Law, our law firm is committed to providing strategic criminal defence for our clients. We understand that not everyone charged with domestic assault is actually guilty of a crime. Far too often, estranged partners may falsify reports in order to get the upper hand in divorce or child custody proceedings. If you’re facing a domestic assault allegation, don’t hesitate to contact our law firm today. We offer free consultations, so there’s no risk in learning your options under the law.

What Is Domestic Assault Under Canadian Law?

In Canada, domestic assault is any act of abuse that’s meant to harm a domestic partner. The acts listed in a charge could be the same as those seen in a simple assault, but due to the domestic relationship between the two parties, Canadian law treats these charges as more severe. A “domestic partner” can be anyone you’re in a romantic relationship with — including same-sex partners — or even someone you’re related to or sharing a home with. The relationship does not have to be long-term for domestic assault charges to hold up. In general, police often have a large amount of discretion in arrests. However, there’s not quite as much discretion regarding domestic violence and other related actions. Situations involving actual domestic assault can escalate quickly, so it’s often in the Crown’s best interest for a quick arrest to be made and de-escalate the situation. Unfortunately, this means you may face charges even when a domestic abuse allegation can’t be upheld.

Regardless of how you’ve found yourself in such a situation, you’re entitled to a dedicated defence from experienced domestic assault lawyers. Contact AR Law today to make sure your rights are protected.

Can You Go to Prison for Domestic Assault Charges?

When someone is involved in a domestic assault case, they have a variety of questions. One of the most common is, “Can I go to prison?” This is especially common among individuals who have no prior criminal record. It’s also frequently asked by defendants whose spouses do not wish to proceed with charges — which is not required for the Crown Attorney to prosecute. Regardless of the underlying circumstances of your situation, domestic assault cases can result in prison time. This is true even if it’s your first time being charged with any crime. That is why it’s so important to have a lawyer help you navigate the criminal justice system.

Imagine you’ve been charged with spousal assault over a misunderstanding. Perhaps no one wanted to press charges, but police thought an arrest was appropriate anyway. Even for a first-time minor offence, you could face nearly two years incarcerated. If the Crown elects to charge you by indictment, you might end up in prison for up to five years. Keep in mind that these are just the potential penalties for a charge with no aggravating factors. If such factors do exist — such as causing bodily harm, sexual assault, previous domestic assaults, or harm to a child — the resulting sentence could last for up to 14 years.

Clearly, the Canadian criminal code takes these charges very seriously. This is why you should consider speaking with a domestic assault lawyer in Toronto today. Every moment wasted is a moment that a skilled legal professional could be working on your defence. Contact AR Law today to schedule your free consultation.

What Other Penalties Are There for Domestic Violence?

Prison time is obviously the most serious potential consequence when charged with domestic assault. However, Canadian criminal law has established a wide variety of other possible punishments as well. In some cases, a defendant may face these punitive measures instead of prison time — but in many instances, these are levied in addition to incarceration. Whether these punishments are issued by the court will depend on the circumstances of the criminal offence, whether charges are brought as a summary conviction or indictment, the presence of possible aggravating factors, and other matters unique to your situation.

Such possible penalties include:

Fines
Probation
Child visitation restrictions
House arrest
Restraining order or peace bond
Travel restrictions
Anger management counselling
Immigration consequences

Clearly, intimate partner violence and other domestic assault allegations can result in harsh consequences. However, a criminal lawyer may be able to help you avoid such outcomes. There has been a reckoning in recent years regarding violence among intimate partners, sexual assault, criminal harassment, and other related issues. This reckoning was long overdue, but unfortunately, it cast a wide net that sometimes entangles individuals who are punished far more severely than they should be. And since the Crown is often more focused on efficiency and expediency rather than justice, you may find yourself in a difficult situation.
Let our law firm help. Contact us today for a free initial consultation.

Potential Alternatives for First-Time Convictions

Even if you’ve never faced charges related to domestic violence before, there’s no guarantee that you won’t spend time in jail. However, first-time convictions often have a much larger opportunity to avoid the most serious consequences. That’s because the criminal justice system often takes a rehabilitative stance for those with no criminal record.

As such, first-time offenders may experience the following outcomes:

Discharge: If convicted of domestic assault, a discharge is the minimum sentence allowed. An absolute discharge will keep your record clean of domestic assault charges. A conditional discharge will only do this after you’ve completed probation.
Suspended sentence: A judge may decide to suspend your sentence and place you on probation for a period of time. There will be conditions to this probation. If you fail to meet these conditions, you could be placed in prison.
Conditional sentence: A judge can sometimes place you under house arrest rather than prison. This will carry conditions that must be followed as well, but in most cases, you’ll be able to leave home under specific circumstances (e.g., work, grocery shopping).

Discussing your options with domestic assault lawyers in Toronto will give you a better idea of whether these sentences may be possible. The important thing to remember is that the Crown will push just as far as you allow them to. If you’re willing to accept a plea for a serious domestic assault charge — even without the promise of a lenient sentence — that’s exactly the outcome they’ll try to secure. You need an experienced legal professional on your side to ensure you’re not railroaded by the system. Let AR Law be that professional. We’re ready to assist in your criminal defence.

How Can You Beat a Domestic Assault Charge?

If you’re arrested for a domestic assault offence, it’s because police believe they had reasonable grounds to do so. This automatically puts you at a disadvantage under Canadian law. Police are viewed as trustworthy public officials, and their word carries great weight in the courts. Rather than delving into the trustworthiness of snap decisions made by officers who may not fully understand a situation, it’s important to instead focus on securing the best possible outcome in your situation. People often ask domestic violence lawyers if they can “beat” domestic assault charges. The answer to this question is yes, but this can mean different things based on your situation.

In some instances, it may be possible to have charges dismissed entirely. A criminal defence lawyer will typically strive to secure this outcome. This can happen if police made errors, your rights were infringed, the Crown Attorney cannot prove their case, and a variety of other reasons. However, this is not always possible. In some domestic assault cases, the Crown may see no other option than prosecution. This is especially true in instances where bodily harm or other aggravating factors occurred. In this situation, a domestic assault lawyer in Toronto may be able to have charges reduced or negotiate a plea arrangement with the prosecutor.
In these cases, it may be impossible to avoid a criminal record — but a reduction in charges or sentencing is definitely a win in these situations. However, there’s no way for us to inform you of potential outcomes via a general internet guide. That’s why you should take a moment to schedule your free consultation with Alvin Ross, P.C. today. We’ll review your domestic assault case and help you better understand all your options. Contact us today.

Contact a Domestic Assault Lawyer in Toronto Today

Even if no bodily harm occurred during an incident, being charged with domestic assault is a serious issue with potentially devastating consequences. Even before a conviction, strict conditions given during a bail hearing could push you out of your home, remove access to your children, and make it exceedingly difficult to live a normal life. Since these consequences can stem from mere allegations in domestic violence cases, the outcome of a conviction can obviously be far worse. However, you do not have to face these charges on your own. You’re entitled to a dedicated legal defence, and that’s what you’ll get at AR Law.

Our law firm understands that the criminal justice system is an imperfect being. Studies have found that two-thirds of people who die in Canadian prisons are actually innocent. Clearly, there are problems with the system — but for now, it’s the best we have. An experienced domestic assault lawyer in Toronto can help you navigate this system to minimize the risk of being unfairly treated by it. Contact us today by calling (647) 503-5251 to schedule your free consultation. A domestic violence case can upend your life, but with the right defence lawyer on your side, it’s possible to secure a better outcome.