Any domestic assault accusation in Ontario will be taken seriously by law enforcement and if it leads to a criminal charge, you will need to consider a serious defence to avoid consequences that can greatly impact your future. Domestic assault is treated even more harshly than simple assault because it was carried out on a member of the same household — and this is considered an aggravating factor during sentencing. Few prosecutors or judges are disposed to show much leniency in these cases and so, if you are charged with domestic assault, it’s important to seek legal advice as soon as possible. As a first-time offender, you have a better chance of escaping the most severe penalties associated with this charge. Besides, charges can be dropped, false accusations are made and experienced criminal defence lawyers often win cases.

Domestic Assault

Domestic assault is not included as a separate criminal offence in the Canadian Criminal Code. There is no such thing as domestic assault charges per se. However, any violence committed in a family setting will be considered illegal under one or more of the many provisions for criminal activity covered in the Code.

Any abuse that occurs between people in an intimate relationship will be deemed domestic assault. This abuse need not be physical; psychological or financial abuse may also be considered a form of “assault”. Abuse perpetrated against current/ex-spouses, common-law partners, dating partners parents/legal guardians and children makes the assault “domestic”. Depending on the nature of the offence, it could lead to the following types of charges:

  • Assault
  • Assault causing bodily harm
  • Assault with a weapon
  • Kidnapping and forcible confinement
  • Sexual assault
  • Making indecent and harassing phone calls

Remember, the domestic aspect of the offence is usually considered an aggravating factor that will lead to harsher punishments during sentencing.

Domestic assault indictable or a summary offence?

Whether a domestic assault charge is prosecuted as a summary or indictable offence depends on the severity and circumstances of the assault. A simple assault is known as a hybrid offence that can proceed summarily or as an indictment. The more serious the criminal offence the more likely it is to be prosecuted as an indictment. Summary offences are heard at the Ontario Court of Justice. If the Crown elects to proceed by indictment, you can choose to be tried by a judge alone in the Ontario Court of Justice or the Superior Court of Justice or by a judge and jury in the Superior Court of Justice.

Consequences of Charge of First-Time Domestic Assault

  1. Criminal Record: Even if it’s a first-time offence, a conviction for domestic assault will result in a criminal record. This record can affect future employment opportunities, travel plans, and more.
  2. Mandatory No-Contact Order: Often, the court will issue a no-contact order, prohibiting the accused from contacting the victim. This order can disrupt living arrangements and family dynamics.
  3. Potential Jail Time: Depending on the severity of the assault, jail time is a possibility, even for first-time offenders. Though judges may consider alternative penalties, the threat of incarceration is real.
  4. Counselling and Rehabilitation: Courts frequently order offenders to attend counselling or rehabilitation programs, especially if alcohol or drugs played a role in the incident.
  5. Probation: Even without jail time, individuals might face probation periods, requiring them to meet certain conditions and regularly check in with a probation officer.

Legal Process Involved

  1. Arrest and Charge: If law enforcement believes an act of domestic assault has occurred, they will likely arrest the accused. Following the arrest, formal charges are often laid.
  2. Bail Hearing: After an arrest, a bail hearing determines if the accused can be released before trial. Conditions, such as the no-contact order, might be set at this stage.
  3. Case Preparation: With the assistance of legal counsel, the accused will prepare their defence. This preparation includes reviewing evidence, speaking to witnesses, and formulating a strategy.
  4. Trial: If no resolution is reached, the case proceeds to trial. Both the prosecution and defence present their cases, and a judge or jury determines the outcome.
  5. Sentencing: If found guilty, the court determines the appropriate sentence based on several factors, including the severity of the assault, the circumstances, and the accused’s criminal history.

Steps to Take if Charged

  1. Stay Calm: Reacting aggressively or emotionally can exacerbate the situation. Stay calm and cooperate with law enforcement.
  2. Seek Legal Representation: It’s crucial to engage an experienced criminal defence lawyer as soon as possible. They can guide you through the process, protect your rights, and advocate on your behalf.
  3. Adhere to Conditions: If the court sets any conditions, such as a no-contact order, follow them strictly. Violating these conditions can lead to further legal complications.
  4. Gather Evidence: Work with your lawyer to gather any evidence that might support your defence, such as communication records, testimonies, or surveillance footage.
  5. Consider Counseling: Even if not mandated by the court, consider seeking counselling or therapy. This proactive step can show the court your commitment to addressing any underlying issues.

Punishment for First-Time Domestic Assault Charge Canada

First-time domestic assault charge in Canada varies depending upon the severity and depth of the crime or assault. In an assault that injures not that much, and the victim suffers for a short period, your penalty will be different than the assault causing the victim to suffer for an extended period. That means the nature of assault here plays the leading role in deciding the penalty for the convict. One of the most common punishments for domestic violence in Canada is jail time or imprisonment. A convict might get punished by imprisonment for several periods. Such as,

  • If the offence is minor, often termed a summary conviction, the convict gets punished by six months imprisonment at most.
  • If the offence is severe enough, and the indictment is in prosecution, jail time might be up to five years.
  • If the victim gets assaulted sexually or suffers from severe bodily injuries, the convict might face up to ten years of imprisonment as a sexual assault sentence.
  • Finally, the jail time gets highest, up to 14 years, if there is an aggravated assault or a sexual assault on a child under 16 years old.

Alternatives to jail for first-time offenders

A judge will consider many factors when sentencing somebody for domestic assault. The needs of the family must be balanced with the need to deter similar offences, In the case of relatively minor assault charges, a first-time offender is unlikely to spend time in jail and, with strong legal representation, may even escape without a criminal record. If you’re found guilty of domestic assault and have no prior convictions, the judge has several alternatives to imposing a jail sentence. These include the following options:

  • Absolute or conditional discharge: this is generally considered the best possible outcome for an individual convicted of domestic assault. An absolute discharge means you will escape a criminal record. A conditional discharge means that you’ll escape a criminal record if you complete your period of probation.
  • Suspended sentence: if you’re convicted of an offence but are placed on probation for a certain period, this is known as a suspended sentence. The defendant is released but expected to meet the conditions detailed in the probation order. On the completion of probation, the defendant is free from the threat of jail time—but any probation violations could lead to additional charges and jail.
  • House arrest/conditional sentence: this is where a person is convicted of an offence (without a mandatory jail sentence), the court imposes a jail sentence of two years or less and the judge is convinced that the defendant poses no risk to family members or the wider community. The defendant may be placed under house arrest (instead of going to jail) and be free to work. This punishment comes with conditions (like probation) to minimize any risk to the family or community.

Summary convictions may carry a fine pay a fine of up to $5,000 and the defendant may also be ordered to pay restitution to the alleged victim.

A criminal defence lawyer can Present Your Case in the Best Possible Light

There are many different ways to make a prosecutor or judge more sympathetic to your case. For instance, domestic violence programs are often required as a condition of probation or house arrest. If you complete an appropriate counselling program before sentencing, the judge might show leniency by imposing a lighter sentence or allowing you to keep a clean criminal record.

If you are charged with domestic assault in Ontario, don’t give up and automatically enter a guilty plea. The experienced domestic assault defence lawyers at Hamilton Criminal Lawyer can help you avoid conviction and minimize the effects of a criminal charge on your life. Contact us today to set up your meeting to learn how we can help you and obtain a quote for our services.