As in all criminal cases, entering a plea of guilty to a charge can have profoundly serious consequences. Having a criminal record may effect your work, your immigration status, your reputation, your family and your personal freedom.
If you are facing a charge of domestic assault in Toronto, Oshawa, Newmarket, Brampton, or throughout Southern Ontario, the Law Office of Norm Stanford can help. Call the office at 416.420.6107. Consultations are always free.
- Are these charges serious?
- Can my spouse or partner have the charges “dropped”?
- Are there defences to domestic assault?
- Can I move back home with my family?
- What do I do if I’ve been charged with domestic assault?
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Under the Criminal Code of Canada, Section cc. 266., every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. Depending on the circumstances of the charge, a guilty plea to these charges may result in a criminal record, or at worst, possible jail time.
Many domestic assault charges start with a 911 call made by one of the parties to try to ask the police to help “cool down” a tense situation. Even in situations where the parties try to explain the situation to the police, charges are often laid. Even in situations where your partner wants the charges dropped, the police in Ontario will usually proceed with laying the charge. Once this happens, it is no longer the partner’s decision to have the charges dropped. After the charges are brought, the matter falls into the hands of the Crown Attorney.
As with most criminal charges, you may have certain defences available to you, including self-defence, depending on the circumstances of your charge. You will need to explain what happened to your lawyer to determine if any of these defences are available.
There may be a possibility of going home before your criminal matter resolves. The Accused would need to have the no-contact condition requiring him or her to remain away from their partner removed. Generally, getting the Crown prosecutor to agree to such a change may be difficult. Alternatively, an Accused person may request a bail review. However, while this may seem difficult, moving back home with your family quickly may be possible.
Most importantly, do not breach any of the conditions of your bail or undertaking. Contacting your spouse or partner when specifically prohibited by the courts may result in the laying of an additional charge. Call the office for a free consultation. The most important issues that you will discuss are:
- Are you a Canadian citizen?
- Does your partner want to get back together?
- Are there any children involved?
- Do you have a prior criminal record?
- Were there any witnesses to the alleged incident?
- What are your main goals — beating the charge, not going to jail, not having a criminal record?
The Law Office of Norm Stanford regularly handles domestic assault cases throughout Ontario and will help you get through this at a cost you can afford. Consultation is always free. (416) 420-6107.