Domestic Assault in Toronto
Per Canadian law, domestic assault involves using physical force against persons, including a current or former spouse, common-law partner, dating partner, or any other person who resides with the defendant. Domestic violence can take many forms and be committed in many ways – from verbal abuse to physical harm. It may be intentional or unintentional. It can happen once or many times. It can happen in public and in private. And it can be a single act like slapping or part of a larger pattern (like being hit).
Related Domestic Assault Charges Domestic assault is a severe criminal offence in Canada. However, it could be hard to identify. In this section, you learn the other crimes that could be charged with or in the place of domestic assault. The general term for these crimes is “domestic violence.” The law defines domestic violence as any act committed by one person in a personal relationship against another person that causes bodily harm or endangers either person’s life, safety or mental health. These acts include: Physically assaulting someone. Uttering threats to cause death or bodily harm. Sexual assault. Criminal harassment. Breaking into a building with the intent to commit an offence.
Is Simple Assault Considered Domestic Violence? In Canada, simple assault is a criminal offence and can be considered domestic violence. Simple assault offence has similar crime elements to those of domestic violence. The elements are:
An act or omission committed against someone who is your intimate partner. An act or omission is committed against a child who resides with you as a household member. An act or omission committed against any other person who lives in the same residence with you. This definition includes physical abuse, sexual abuse, emotional abuse and neglect. Consequences of Domestic Assault Charges in Toronto If charged with domestic assault, you should hire domestic assault lawyer in Toronto to help you maneuver the Canada justice system through building a strong defence and avoiding a criminal record. If found guilty under Canadian law you could attract life-changing consequences, such as compromising future job openings and your reputational.
People frequently underestimate the consequences of a conviction or a criminal histor. Domestic violences charges and convictions could also jeopardize your relationships, with negative effects in visits from the Children’s Aid Society, future child access and custody, family court lawsuits. With the help of a competent lawyer, the Crown prosecutor may be persuaded that a diversion program without a guilty plea is a favourable outcome.
Possible Penalties for Domestic Assault Convictions Domestic assault charges are taken very seriously in Canada, with a conviction carrying a maximum penalty of 10 years imprisonment. Possible penalties for domestic assault in Canada vary depending on the severity of the assault. For example, if the victim is not injured but there was intent to cause harm, the offender can be sentenced to up to five years. The offender can also be sentenced to up to six months imprisonment if they are found guilty of assaulting their spouse or partner in front of children under 16 years old.
If the victim is injured and they have been abused before, then there is a chance that the sentence will be doubled from what it would have been otherwise. If there has been an attempt to kill or murder someone, there is a chance that it will result in life imprisonment. If found guilty of domestic assault in Canada, the penalties may include:
A maximum sentence of 10 years imprisonment A minimum sentence of 1-year imprisonment A lifetime ban on owning or possessing firearms A fine of up to $10,000
Considerations When Litigating Domestic Violence Cases When charges are minor, Crown attorneys specializing in domestic violence cases will resolve cases for first-time offenders fast. Counselling aims at teaching anger management and dispute resolution. Other factors that prosecutors may consider when evaluating domestic violence cases include: The gravity of your charges. The severety of physical harm, whether there was an injury The incident was an aggravated assault. Allegations of sexual assault or other forms of coerced sexual behaviour. Prior convictions for domestic violence or any other crime. If the plaintiff was vulnerable. The violence level or force used. Was there choking? was there assault using a lethal weapon? Was there a child present who witnessed the violence? Status of immigration. The mental state of parties involved. When retaining a domestic assault attorney, hire one with many years of experienced fight for the rights of defendants facingdomestic assault charges. An experienced lawyer ensures that you receive a strong defence and raise the chances of having your charges reduced or dismissed.
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