Domestic Assault Lawyers in Oshawa Representing Clients Facing Charges

If you have been charged with domestic assault, it is crucial to understand what penalties you may be facing as well as potential defence strategies to help your case. Get an overview of how domestic assault laws work in Ontario and see how a domestic assault defence lawyer can help you secure a more favourable outcome for your case.

What Is Considered Domestic Assault in Ontario?

For many people, the first thing that comes to mind when hearing the term domestic assault is a husband or boyfriend whose violent behaviour affects their wife or girlfriend. While every province has slight variations in the laws that define domestic assault, Ontario’s laws consider domestic assault or abuse to be a criminal offence that occurs among members of the same home or family unit.

In other words, domestic violence or assault is not restricted to instances in which a man affects a woman with violent or threatening behaviour and can involve anyone living under the same roof as the abuser, regardless of whether the abuser and the victim are related or in an intimate relationship. For example, a person can be charged with domestic assault if they acted in a way that made their roommate feel threatened. Any physical assault causing bodily harm to a family member or member of the same household can result in domestic assault charges.

What Are the Penalties for Domestic Assault in Ontario?

The involvement of family or household members in an assault offence can result in aggravated charges, meaning the consequences the defendant may face could potentially be harsher than those associated with simple assault. Other factors that can result in harsher penalties include the use of a weapon and an assault on a vulnerable victim, such as a child or senior citizen.

The penalties for domestic assault vary greatly depending on whether the charges are considered mild (such as an argument between husband and wife in which the husband makes verbal threats) or serious (cases involving physical injury or even homicide). First-time domestic assault offenders may also receive less severe penalties than those with previous convictions. Since there are no specific sentences for domestic assault offences in Ontario, having a strong criminal defence lawyer on your side can mean the difference between getting a 5-year jail sentence and having your charges dismissed.

Will I Go to Jail for Domestic Assault Even if It’s My First Time?

If you have never been charged with domestic violence before and are now facing charges, the penalty you receive depends on how serious your charges are. If your offence is considered minor, you may be able to avoid jail time altogether in some cases. For example, if your lawyer is able to convince the judge to decrease your sentence to a summary conviction, you may only have to pay fines or restitution to the victim without having to spend time in jail.

Other possible penalties include a suspended sentence, which allows you to be released on probation for a determined period of time, and a conditional sentence, which may allow you to be placed on house arrest instead of facing incarceration. However, it is important to understand that even if you have never been charged with a criminal offence before, you could be facing significant consequences and potentially a criminal record that may affect you for years to come. It is best to treat your charges seriously and reach out to a domestic assault lawyer as soon as possible.

Why Should I Hire a Domestic Assault Lawyer for My Case?

Domestic assault charges are treated very seriously, and defendants may be facing harsh penalties unless they are represented by a skilled domestic assault lawyer. At AR Law Professional Corporation, our team is dedicated to protecting your rights and helping you fight for a positive outcome in your case. Being charged does not have to mean you will be convicted or even face jail time – let the skilled legal team at AR Law Professional Corporation represent you and your best interests. If you are being accused of domestic assault in Oshawa or surrounding areas, reach out to our office by calling 647-503-5251 and requesting a free case review.