What is domestic assault ?
in Canada , #domestic_assault is most commonly defined as violence against a current or former intimate #partner or #spouse. The criminal justice system takes these allegations very seriously because of the potential for some cases to escalate in the level of violence.
or better to say , domestic assault is a very serious offence and the nature of the offence is considered an “ #aggravating_factor ” during sentencing for those.
The Difference between Simple Assault and Domestic Violence
Is a simple assault the same as domestic violence? In many cases, the answer is no. In two similar cases of physical assault, one defendant might face assault charges while the other might need a domestic assault lawyer. The deciding factor in these cases is usually the defendant’s relationship to the victim. A person who faces it charges in Ontario has allegedly committed an assault against an intimate partner, child, or dependent. Despite the crimes themselves being very similar in terms of execution, individuals who fail to defend against it charges usually face steeper penalties. In matters of simple assault vs domestic violence, the identity of the victim matters a great deal.
What does it mean?
What is the minimum sentence for assault in Canada?
People charged with domestic offence often have one question: “What is the punishment for domestic violence in Canada?”
Domestic assaults are taken more seriously than other forms of assault. It is a lot more difficult for someone to escape a criminal conviction from domestic violence charge than a regular assault.
Prosecutors are more reluctant to drop the charges in a domestic situation. When sentencing a person for an offence in a domestic assault case, the law says the courts are to consider the domestic setting as fact that makes the offence worse.
If you are found guilty of a domestic assault you can be sentenced to up to five years in jail.
Is there non-custodial punishment for domestic violence in Canada?
In some cases of minor assaults for first time offenders, it is possible to get a sentence that does not involve jail time or a criminal record. There are domestic violence programs that are sometimes offered at the prosecution’s discretion. Completing and participating in these programs will improve your chances of receiving a lighter sentence. Sometimes completing this program can also result in you dealing with your domestic assault charges without getting a criminal record. In rare cases, it may even be possible for a lawyer to negotiate the withdrawal of your charges in exchange for certain courses of action on your part such as paying restitution or attending counselling independently. However because of the serious approach that courts and prosecutors take to domestic assault charges, these types of resolutions are rare, especially without an experiences lawyer.
The prosecutor decides who will be given a chance to complete the programs that leave you without a criminal record. As a result, it is important that you have a criminal defence lawyer that can represent you and convince the prosecutor to allow you to participate.
Our recommendation is that …
when ever you faced this situation you call us . you can Contact Us always with the number : +1(647) 464-0332
Our services in Thornhill, Markham, Vaughan, North York, Scarborough neighborhoods of Ontario functions are available to you dear ones. You can contact us at any time and receive the necessary counseling and advocacy services in the field of Domestic Assault from us.
