The term ‘Assault’ is a broad term under Ontario’s Criminal Code and can vary from an implied verbal threat to an incident that leaves a person with severe bodily harm. If you or a loved one has been charged with a Domestic Assault charge contact our domestic violence lawyer in Newmarket and surrounding Toronto areas.
Semyonov Law can help you strengthen your case resulting in a favourable outcome. We have the qualified legal expertise to help you urgently fight your charges, eliminating the overwhelming process that occurs with legal procedures.
Mr. Semyonov is a professional domestic assault defence lawyer in Newmarket that will help you navigate the intricate Canadian legal system, mitigating the complexities that can be lengthy and uncertain. Aside from assisting you in prudent and sensitive matters regarding your charges, he will further appear on your behalf at every court or tribunal appearance.
Domestic Assault charges can cause stress and tension between you and your family, and Semyonov Law wants to make your case as smooth as possible. You must be represented justly. Our law firm will work tirelessly to defend your rights.
The imperative to protect you is our highest priority.
Is Domestic Assault a Criminal Charge?
‘Domestic Nature’, is classified as a ‘Criminal Act’ under Section 718.2 under the Criminal Code of Canada. ‘Domestic’ can refer to two partners, a parent and a child, siblings, or common-law spouses. It is highly advised to seek legal guidance when you are faced with ‘Domestic Assault’ charges.
Allegations of a domestic assault are taken seriously by the police, the Crown’s Attorney and Ontario courts due to:
- The increase of domestic abuse since the COVID-19 pandemic has started in early 2020,
- The severe impact domestic assault instances have on minors living inside the home,
- The risk of violence escalating if the circumstances are not dealt with urgently,
- Power imbalances that result from one partner being physically larger than their spouse.
If the police officer at the cause of the scene has reasonable grounds on which to believe that a domestic assault has occurred inside the home, the accused person will be arrested. In some circumstances, the victim will be taken to the police station to report a formal statement.
Canada’s Criminal Code Section 265 (1) identifies the term ‘Assault’ when a person:
- Implies intentional force, directly or indirectly, to another person without consent,
- Threatens through an act of gesture of act to apply force to another person, and the person threatened has reasonable cause to believe that they will be injured,
- Openly carrying a weapon to impede a person’s physical presence.
What Happens After You Get Charged?
In cases where a false allegation has been placed, the complainant’s motives can impact the overall credibility of the case. Domestic assault charges that get elevated to a trial proceeding are often short and require few witnesses.
The Crown Attorney solely requires the alleged victim and the officers that were involved in the initial arrest. The Defence Counsel will often call their client and one other witness.
It’s imperative to note that just because you have been charged, does not mean that you have been proven guilty.
Do Domestic Violence Cases Get Dismissed?
If there is proof beyond a reasonable doubt, the police and/or the Crown will warrant either a singular assault charge or combined charges that might have resulted from the time of the incident; for instance a domestic assault charge with property destruction.
Our experienced legal counsel is skilled in effective defence methods that can help you lead to acquittals, reduce your charges, decrease penalty severities and, in some cases, aid you in a complete dismissal of the charges placed against you.
Here are some of the reasons why your case might get dismissed:
- Self Defence
- Lack of Intent
- Challenging of Reasonable Doubt
- Consent for the Use of Force
- Procedural Mistakes at the Site of Arrest
Examining all elements of the accused’s assault charges can determine a more positive outcome. Our firm does not leave any circumstance unexamined because we want to see favourable results regarding all of our clients.
If My Spouse Fails to Show Up in Court, Will the Charges be Dropped?
No, the charges will not be dropped automatically. The Crown Attorney can subpoena the alleged victim and order them to testify in court. If the victim refuses after the request from the Crown Attorney has been made, they can issue a warrant for their arrest.
Once the alleged victim has signed legal documents stating that they will be testifying under oath, the Crown Attorney can use this evidence if the victim changes their story at the time of the trial.
Charged with Assault? – Ensure You Are Represented by A Qualified Domestic Assault Defence Lawyer in Newmarket
You can explain your circumstances to the judge, however, a respected Domestic Assault Defence Lawyer can represent you with professional legal expertise. Every detail is important in building you a strong case, and Mr. Semyonov can provide you with vigilant guidance.
Fight against your charges 24/7 with prudent and timely support. If you or a loved one is facing assault charges in the Newmarket, Toronto or Greater Toronto Area, call us anytime at (647) 292-3377 or contact us at email@example.com.