Domestic Assault Lawyer in Toronto

Helping Our Clients Overcome Serious Criminal Charges

Domestic assaults are treated very seriously in the Ontario court system. A conviction for domestic assault often leads to severe penalties, along with a permanent criminal record. Not all acts of violence are similar, and charges of domestic violence have unique facts and must be vigorously defended. Anyone facing domestic assault who is convicted of the crime can expect harsh penalties to be imposed, including years in prison.

The law considers acts of violence against a domestic partner an aggravating factor. A conviction can negatively impact your freedom, reputation, and ability to be hired for quality jobs. If you’ve been charged with such a crime, it’s essential to speak with a domestic assault lawyer in Toronto.

Charged With Domestic Violence in Toronto?

At AR Law, our law firm is committed to providing strategic criminal defence for our clients. We understand that not everyone charged with domestic assault is guilty. In some cases, it is discovered that an estranged partner has leveled false accusations to attempt to gain the upper hand in divorce or child custody disputes. If you’re facing a domestic assault allegation, don’t hesitate to contact our law firm today. We offer free consultations, so there’s no risk to learning about your options under the law.

What Is Domestic Assault? Family Violence Laws in Canada

In Canada, an assault against a domestic partner will be filed as an aggravated assault. These are acts taken to harm a domestic partner. The act could be what is generally filed as simple assault, but due to the domestic relationship between the two parties, the penalties imposed are more severe.

Domestic Violence: Assault Against a Domestic Partner

A “domestic partner” may be a current or former spouse, a common-law partner, a former common-law partner, a current or former dating partner, or any person with whom you are in (or were in) a romantic relationship. The relationship does not have to be long-term for domestic assault charges to be filed. When police are called to address a domestic incident, they have little discretion. They are expected to evaluate the situation and arrest any person accused of committing a domestic assault. Situations involving actual domestic assault can escalate quickly, so it’s considered vital to make a quick decision to de-escalate the situation. Unfortunately, this means you may face domestic assault charges that may be related to false or exaggerated accusations or acts of self-defence.

Regardless of how you’ve found yourself in such a situation, you’re entitled to a dedicated defence from experienced domestic assault lawyers. Contact AR Law today to ensure your rights are protected.

Can You Go to Prison for Domestic Assault Charges?

When someone is involved in a domestic assault case, they have a variety of questions. One of the most common questions we hear is, “Can I go to prison for a domestic assault?” This concern is common among individuals who have no prior criminal record. The Crown can proceed with the case once charges have been laid, even if the alleged victim recants. The theory is that the victim may feel pressured or fearful due to a history of violence in the household. Regardless of the underlying circumstances of your situation, domestic assault cases can result in prison time. It is crucial to have the protection of a criminal defence attorney when you are caught in the criminal justice system in Toronto due to a domestic assault charge. The outcome of your case will reflect the legal actions and strategic approach of your assault defence lawyer in Toronto.

Spousal Assault Charges in Toronto

In some cases, charges of spousal assault can be filed against you due to a misunderstanding, miscommunication, or an unintentional act. Even when the alleged victim does not want to press charges, an arrest and charge can be made. Even for a first-time minor offence, a conviction for domestic assault can lead to up to two years’ imprisonment. If the Crown elects to charge you by indictment, you could face years in prison. These cases involve injuries to an alleged victim. Any case involving aggravating factors, such as an assault that caused bodily harm, assault with a weapon, sexual assault, or prior convictions for domestic assault or harm inflicted on a child, can lead to prison time of up to 14 years.

Our Domestic Assault Defence Lawyer: Advocating For Your Freedom in Toronto

The Criminal Code of Canada allows for heavy penalties for domestic violence. You should consider speaking with a domestic assault lawyer in Toronto today. Every moment wasted is a moment a skilled legal professional could work on your defence. Contact AR Law today to schedule your free consultation.

What Are The Penalties for Domestic Assault?

A conviction will require proving you are guilty beyond a reasonable doubt. Your criminal defence lawyer stands between you and the full force of the criminal justice system and is tasked with helping you fight to avoid the worst penalties. Once convicted, the court may impose time behind bars. Assault may lead to up to 14 years in prison when the victim has sustained injuries in a domestic incident. Life imprisonment is possible in cases in which a weapon was used to injure a domestic partner.

How to Defend Against Domestic Assault Charges?

Toronto police work fast in cases of domestic assault. They will act quickly to arrest and charge an individual they believe guilty of the offence. Defending against criminal charges related to domestic assault can involve one or more of the following strategies:

False Accusations: In some cases, it has been discovered that the accusations were completely false. The alleged victim makes accusations in anger or resentment following a relationship breakup or as an attempt to influence the outcome of a child custody or visitation issue.

Self Defence: While one person may have been arrested for domestic assault, in some cases, the action was in response to an attack from the other party. It can be assumed that the male individual is most likely to commit these acts, but in fact, women also commit acts of domestic assault, although they are less often charged with the crime. When the act of domestic assault was in self-defence, your lawyer must present robust supporting evidence in court, such as witness testimony, medical records, or other information.

What Are the Penalties for Domestic Assault in Toronto?

Penalties for a domestic assault conviction in Toronto will vary based on the severity of the offence and the individual’s criminal background. Possible consequences include:

Summary Conviction: For minor offences, a maximum sentence of up to two years less a day.
Indictable Offence: For more serious crimes, the Crown may pursue charges leading to a sentence of up to five years.
Sexual Assault or Assault Causing Bodily Harm: These offences carry a potential sentence of up to 10 years.
Aggravated Assault or Sexual Assault of a Child Under 16: These severe crimes may result in a sentence of up to 14 years.

The penalties imposed will reflect the degree of the assault. If minor, such as a shove, push, grab, slap, or similar incident, it may be possible to avoid prison time for a first offence. A charge of simple assault (which may be called common assault or domestic battery) can also lead to jail time of up to five years. In many cases, the sentence may be “conditional,” in which the penalty is served by performing community work. The judge sentencing an individual convicted of common domestic assault may have the following legal options when protected by our criminal lawyer:

Discharge
Suspended Sentence
Fines
Time in Custody
Time in Custody and Probation
Time in Custody with Fines
Fines
Probation
Child Visitation Restrictions
House Arrest
Restraining Order
Travel Restrictions
Anger Management Classes
Immigration Problems

Intimate partner violence and other domestic assault allegations can result in harsh consequences. Our criminal defence lawyer can take action to help you avoid the most severe consequences. There has been a reckoning in recent years regarding violence among intimate partners, sexual assault, criminal harassment, and other related issues. This reckoning was long overdue, but unfortunately, it cast a wide net that sometimes entangles individuals who are punished far more severely than they should be. And since the Crown may prioritize efficiency and expediency over protecting the rights of the accused, you may find yourself in a complex legal situation.

Alternate Sentencing: Is It An Option?

Even if you’ve never faced charges related to domestic violence before, there’s no guarantee that you won’t spend time in jail. However, first-time convictions often have a much larger opportunity to avoid the most serious consequences. That’s because the criminal justice system may take actions that allow a convicted individual to be rehabilitated rather than punished. These options are generally only for those who have no prior criminal record and are facing a first-time domestic assault charge.

First-time offenders may have the ability to avoid jail time. Our domestic assault defence lawyer can take action to help you seek an alternative to jail time with one of the following alternatives:

Discharge: If convicted of domestic assault, a discharge is the minimum sentence allowed. An absolute discharge will keep your record clean of domestic assault charges. A conditional discharge will only do this after you’ve completed probation.
Suspended sentence: A judge may decide to suspend your sentence and place you on probation for a period of time. There will be conditions to this probation. If you fail to meet these conditions, you could be placed in prison.
Conditional sentence: A judge can sometimes place you under house arrest rather than prison. This will carry conditions that must be followed, but in most cases, you’ll be able to leave home under specific circumstances (e.g., work, grocery shopping).

AR Law: Your Advocate for Assault Defence in Toronto

Discussing your options with domestic assault lawyers in Toronto will give you a better idea of whether these sentences may be possible. The important thing to remember is that the Crown will push just as far as you allow them to. If you’re willing to accept a plea for a serious domestic assault charge — even without the promise of a lenient sentence — that’s exactly the outcome they’ll try to secure. You need an experienced legal professional on your side to ensure you’re not railroaded. Let AR Law be that professional. We’re ready to assist in your criminal defence.

Can You Beat a Domestic Assault Charge?

If you’re arrested for a domestic assault offence, it’s because police believe they had reasonable grounds to do so. This automatically puts you at a disadvantage under Canadian law. Police are viewed as trustworthy public officials, and their word carries great weight in the courts. Rather than delving into the trustworthiness of snap decisions made by officers who may not fully understand a situation, it’s important to instead focus on securing the best possible outcome in your situation. People often ask domestic violence lawyers if they can “beat” domestic assault charges. The answer to this question is yes, but this can mean different things based on your situation.

Can I Avoid Jail Time?

In some instances, it may be possible to have charges dismissed. A criminal defence lawyer can fight to secure this outcome. It may be possible in cases involving police errors, rights violations, or when the Crown Attorney is unable to prove the case beyond a reasonable doubt. Avoiding jail time is not always possible. In cases in which bodily harm, the use of a weapon, or other aggravating factors are proven, the risks are high. As the sentence imposed can vary, ensuring you have the protection of a criminal defence lawyer can help you seek to avoid the most severe consequences.

In these cases, it may be impossible to avoid a criminal record, but reducing charges or sentencing is definitely a win. However, there’s no way for us to inform you of potential outcomes with a general internet guide. That’s why you should take a moment to schedule your free consultation with Arvin Ross at AR Law in Toronto today. We’ll review your domestic assault case and help you better understand all your options. Contact us today.

Falsely Accused of Domestic Assault in Toronto? We Can Help.

Sadly, it is not rare for one party to accuse another of domestic assault. A relationship partner may feel bitter after a breakup or when involved in a serious disagreement. In some cases, a consensual act is regretted, and the individual claims it was an act of assault. When another party has falsely accused you of this severe offence, it is imperative to have the support of an assault defence lawyer with the skills and experience to craft a robust, compelling defence case to present in court.

Contact a Domestic Assault Lawyer in Toronto Today

Even if no bodily harm occurred during an incident, being charged with domestic assault is a serious issue that can lead to devastating consequences. Even before a conviction, strict conditions given during a bail hearing could push you out of your home, remove access to your children, and make it exceedingly difficult to enjoy the life you had before the incident. Since these consequences can be the result of mere allegations in domestic violence cases, the outcome of a conviction can be devastating. You do not have to face these charges on your own. You’re entitled to a dedicated legal defence from our talented and experienced criminal defence lawyer at AR Law.

The AR Law Difference—Two Decades of Criminal Defence Law

Being charged with a criminal offence, particularly domestic assault, can be among the most embarrassing and humiliating experiences in a lifetime. Your reputation in the community, access to your children, home, and belongings can all be in jeopardy. Nothing is more important than ensuring your rights and interests are vigorously protected. Yes, you were charged—but that doesn’t mean you must plead guilty or accept what happens next. With the help of our firm, you improve your chances of achieving a more positive outcome with your freedom intact.

Our law firm understands that the criminal justice system is not perfect. Studies have found that up to two-thirds of people who die in Canadian prisons are innocent. While there are problems with the system, your rights and interests can be defended by a lawyer who knows the system well and has extensive experience working within the justice system to protect the rights and interests of those accused of domestic assault and other crimes. An experienced domestic assault lawyer in Toronto can help you navigate this system to minimize the risk of being unfairly treated by it. Contact us today by calling (416) 960-0781 to schedule your free consultation. A domestic violence case can upend your life, but with the right defence lawyer on your side, it’s possible to secure a better outcome.