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Domestic assault allegations are taken seriously in courts. They can have a significant impact on your life when found guilty. Although it is a tough accusation, it is possible to win it over. That is why you need help from a qualified and experienced Toronto domestic assault lawyer to help you through the process.
So, before pleading guilty, look into the possibility that your lawyer can help you come out of the messy situation. Cases of this type are either won by acquittal, withdrawal or dismissal of charges. Here are a few guidelines from Ernst Ashurov Lawyer for finding the right Toronto domestic assault lawyer for your domestic assault charges:
Proof of Success in Previous Cases
To begin with, you have to look for a Toronto domestic assault lawyer who has experience in handling domestic assault charges. Check their success rate in all the cases they have defended during their time of practice. If the results are satisfactory, then you have the right match.
Let Us Understand the Meaning of Domestic Assault
Domestic assault can be described as violence between people in a domestic relationship. This type of relationship is intimate and can involve children and parents, children, spouses, boyfriends and girlfriends. Persons of the same-sex relationship are also protected under this law.
Types of Domestic Assault Cases
He Said-She Said
It is an assault that is done with words. This type of charge can be challenging to prove, but excellent Toronto domestic assault lawyers have their way out.
Allegations without a History of Assaultive Behavior and are Extremely Small
This case often requires a peace agreement between the accused and the complainant. A period of time is set during this agreement, and the accused is expected to be well behaved.
Serious Without Significant Injuries
In cases where no significant injuries are experienced, the accused can be discharged. However, you are required to join a Partner Assault Response program. Depending on your progress, you can get relaxed bail conditions.
These are allegations that involve weapons, sexual assault and threatening circumstances.
Is it Possible for the Complainant to Drop Charges?
Once domestic violence charges are made, the complainant is no longer in control of the case. Even if they do not wish to continue with the charges, the crown attorney does a follow up. If they are satisfied that the complainant is no longer in danger, they may decide to drop the charges.
Some of the things that the crown attorney considers of whether or not to drop the charges include:
- Have you had prior cases with the police?
- Whether it was your first time to be accused of such or you have multiple instances.
- Were there was a child at home/ involved during the assault.
- Whether you have a previous criminal record or not.
Depending on the outcome of your assessment, the crown attorney can choose to engage in a discussion to have your charges withdrawn. If your assessment results are unfavorable, however, they can decide to carry on with the charges.
Potential Sentences for Domestic Violence Conviction
When found guilty of committing domestic violence, there are several sentences you can have. They include the following:
- Discharge. It can be conditional or absolute. It is usually issued when you are found guilty, but you do not have a criminal record.
- Suspended sentence. The trial judge suspends the trial order when you are not required to serve.
- Fine alone. You are required to pay a certain amount of money.
- Maximum sentence. It involves a five-year prison sentence for indictment, a six-month custodial sentence for a summary or a fine of $ 5,000.
Relevant Sentencing Principles
- The extent of the offence
- The role of the offender in the offence
- Breach of trust
- A victim that is less than 18 years
- How the accused cooperate with the police
When looking for a Toronto domestic assault lawyer, be careful about whom you choose to defend you. Your success upon the case is highly dependent on them.