Criminal Lawyers Brampton | Mississauga | Toronto | Milton | Newmarket | Oshawa
Our experienced team of Criminal defence Lawyers represent clients charged in Mississauga, Brampton, Milton, Newmarket, Toronto, Oshawa, Orangeville, Hamilton, Barrie, Oakville, Burlington, Guelph, Kitchener, North York, and across Southwestern Ontario. If you have been charged with a criminal charge, contact our Criminal Lawyers for a free telephone case evaluation today. We will fight to defend your charges and get you the results you deserve.
Our Brampton Criminal Lawyers defend all types of offences: Assault including Domestic Assault. Domestic assault is an assault that occurs in the context of a domestic or intimate relationship between two people. This includes relationships such as boyfriends and girlfriends, spouses or common-law partners, and other family members.
Domestic assault is a very serious offence and the nature of the offence is considered an “aggravating factor” during sentencing for those found guilty.
Domestic Assault Charges - There is no separate charge for a Domestic Assault under the Criminal Code of Canada. Under the Code, Assault, including an assault of a domestic nature, is found under Section 266 of the Code. Domestic Assaults, however, are treated differently within the courts in Ontario. There are usually domestic violence Crown Attorney's who form a domestic violence team at each court house. These Crown Attorney's are well versed in domestic related cases and vigorously pursue these types of cases. Many people accused with domestic assault charges ask whether the charge can be "thrown out" if the complainant "takes back" or recants their initial complaint to the police. The simple answer is, no. There are some circumstances, however, that an experienced domestic assault defence lawyer will be able to defend your domestic assault charges where a complainant has recanted. It is important to hire a Criminal Lawyer immediately before your first court date so your lawyer can make the appropriate requests and submissions during your initial court appearances in order to protect your rights.
Section 265 (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
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