Assault
involves physical attacks or hitting, physical threats of harm, unwanted
physical contact, and physical contact of any sort without consent. Domestic
assault involves committing a violent act against a, current or former spouse
or sexual partner, or a family member., A violent act that isn’t committed in
self-defence or defence of property can have serious consequences. If you’re
accused of committing a violent act such as domestic assault, an experienced
assault lawyer can help defend your rights and get your case settled favorably.
There are, however, some facts you should know about domestic assault,
including how an experienced defence lawyer can help you.
Domestic Assault Charges Can Carry
Severe Consequences
Domestic
assault is a serious offence that carries severe penalties in some cases. Here
are some basic guidelines for penalties in domestic assault convictions:
·
A
conditional sentence or house arrest
·
A
custodial sentence
·
Fines
·
Travel
limitations
·
A
permanent criminal record
·
Restrictive
probation conditions
·
long
term ‘no contact order’ with the victim
The type and
severity of penalties rendered against a convicted individual depends on how
the Crown proceeds. The Crown may proceed ‘Summarily’ or ‘By Way of
Indictment’, which is determined by the severity of the action and any prior
similar offences. Furthermore, criminal proceedings against an individual
accused of assault are may proceed even if the victim (or complainant) wants to
drop the charges. The Crown may proceed with your case even if the matter is
settled between you and your spouse, family member, roommate, etc. Therefore,
depending on how the Crown proceeds, you may be subject to certain penalties.
Penalties for Domestic Assault
Once again,
the possible penalties you may face in your domestic assault case will depend
on how the Crown proceeds. Although the proceedings are different, the types of
penalties for proceeding ‘Summarily’ or ‘By Way of Indictment’ are the same.
The definitions for these types of proceedings and convictions; however, are
different. In fact, they each have three distinctive characteristics. For
example, summary proceedings and convictions 2) encompass the most minor
offences in the Canadian Criminal Code, and 3) usually only carry penalties of
six months of jail time, $5,000 in fines, or both. On the other hand,
proceedings by indictment 1) are more serious than summary offenses and involve
harsher penalties, 2) involve the prosecution of accused individuals with a
possible trial by jury, and 3) include penalties that range from a minimum
sentence of absolute discharge to a maximum five-year custodial sentence. The
possible conviction and penalties you face will depend on your lawyer’s
experience. If you choose any experienced assault lawyer Edmonton offers
from Haryett & Company, you can rest assured that we will fight so that you
receive the best possible sentence. Our expertise and dedication to our clients
maximize a favorable outcome.
How an Experienced Lawyer Can Help
An
experienced domestic assault lawyer can be there to make sure your rights are
defended in court and. He/she will ensure relevant evidence is collected,
proper witnesses are interviewed and presented, and pertinent motions,
documents, etc. are filed. Additionally, he/she will help to clear you of any
false accusations and help protect you against
law enforcement intimidation. Most importantly, he/she will have
knowledge of assault laws and court procedures. This knowledge will help ensure
you receive a fair trial and a lesser sentence. Lesser sentences could come in
several forms, including:
·
A
conditional discharge without a criminal record
·
A
monetary fine
·
An
intermittent sentence, time served during weekends
·
Conditional
sentence with community service
·
A
suspended sentence with probation
In some
cases, a peace bond agreement may be available. Lighter, first time offences
can be eligible for a peace bond, which is an agreement between the defendant
and Her Majesty to keep the peace and be of good behaviour. Upon entry into
such an agreement, the Crown will withdraw the criminal charges, absolve the
accused of any guilt, and set forth certain conditions, such as doing no harm
or having no contact with the complainant for the duration of bond (typically 6
to 12 months). At the prosecutor’s discretion, a domestic assault case can be
settled with a peace bond.
If you've
been charged with domestic assault, contact us right away. We will work to
ensure your rights are protected!
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