What is a domestic assault charge exactly? A domestic assault is an assault between two or more people that have a relationship with each other, dating, married, common law or have a family relationship.
Examples can include: words or threats, acts or gestures implying an assault, a physical assault on another person, implying physical harm or a threat against another person.
Domestic Assault
Is a Criminal Offence - Act Fast and Get The Defence You Deserve
Domestic assault accusations are treated seriously by the court system and there’s no reason to let your entire life go to shambles as a result of these circumstances.
What defenses are available in domestic assault cases?
Consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another.
The Crown prosecutor has the burden to prove that the accused assaulted his/her spouse/partner/relative without his/her consent. However, if the accused and his/her spouse/partner/relative agreed to take part in rough sexual intercourse or any other activity where both parties agreed to the act, the judge may find that the Crown has not proved the essential element of consent.
Self-defense
Self-defence is a common defence to any type of assault charge. However, there have been recent changes in the law and an accused can only use this defence when a number of criteria set out in the Criminal Code are met. The following are the criteria necessary in order to make a successful self-defence argument:
- Force is being used against you, or you had reasonable grounds to believe that force would be used against you
- Your response to the threat was for the purpose of defending or protecting yourself from the threat or use of force
- Your response to the threat was reasonable in the circumstances
Factors The Court Will Consider
A court will also consider the following factors in determining what was reasonable in the circumstances:
- The history of the two parties
- Whether either party was intoxicated at the time of the offence
- The size, age, gender and physical capabilities of the parties
- The nature of the force being used against the accused
- Whether there were other ways to respond
- Any prior force events
Get an Honest Opinion About Your Case
One mistake isn’t worth a lifetime of headaches. But your first Domestic Assault Charge can really impact your criminal history, take a toll on your finances, and really hinder your employment.
Consequences Of a Domestic Assault Charge
A domestic assault charge in Ontario is nothing to scoff at.
Whether a charge is a first, second, third, or subsequent offense, you’ll be faced with a variety of potential penalties and charges.
- Criminal Record
- Loss of job
- Jail time, hefty fines, and probation
- Will be difficult to immigrate and apply for citizenship
- You’ll be ineligible for certain career paths
- Won’t be able to visit certain countries
- Might have conviction reported publicly
- Not be allowed to return home
Do Not Fight Alone
25 Years of Experience Defending Domestic Assault Charges
This is a daunting list of possible domestic assault consequences that you may be facing. But you’re innocent until proven guilty. Make sure to hire a competent, skilled attorney that will do everything possible to get your case and your future in line.
The Advantages of Speaking with Jonathan Lapid
- Focused DUI & Impaired Driving Defence
- Free Initial Honest Case Assessment
- Reasonable Fees With No Hidden Costs
- Successfully Defended Hundreds of Clients
- Criminal Lawyers Rely on Him for Domestic Assault Charge Advice
- Jonathan Himself Has 25 Years of Experience
Jonathan Lapid - Domestic Assault Charges Defence Lawyer
Jonathan Lapid is a criminal defence lawyer and DUI expert in the GTA with over 25 years of experience. A few years ago, a Brampton police officer called Jonathan to defend him on a DUI charge. Jonathan asked him how he found him and the officer said that after asking his police friends who they lose to in court, it was Jonathan’s name that popped up again and again.
He has represented an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers and many other hard working Canadians.
If nothing else, this tells you that he’s built a track record others take notice of and there’s a reason why even the highest profile individuals entrust him with their cases.
Serving Mississauga and the GTA
GTA DUI cases can vary significantly depending on the region, the police service involved, and the court where the matter proceeds. Jonathan Lapid has been dutifully defending drivers in Mississauga and the GTA for many years and will help you with regional expertise. Make a call or fill out the contact form to get a free case estimation and a real course of action, even if your situation is complicated.
2 Robert Speck Pkwy Suite 750, Mississauga, ON
Jonathan Lapid makes expert legal representation widely accessible, helping out drivers facing DUI charges throughout the Greater Toronto Area.
If you are facing a DUI charge anywhere in the GTA, you can move forward knowing your defence will be handled with the seriousness it deserves. Get an experienced lawyer on your side to give you the best chance at getting a better future.