Domestic Assault Lawyers in Toronto

Pyzer Criminal Lawyers are a trusted Toronto criminal law firm. If you’re looking for a criminal lawyer in Toronto, speak to us first. Our experience, preparation, and determination have resulted in the acquittal of hundreds of clients, allowing them to overcome their cases without a criminal record. We leave no stone unturned to make sure you are not convicted in a court of law. Our Criminal Law Practice Areas Include: Bail, Assault, Domestic Assault, Sexual Assault, Drug Offences, Fraud, Theft, DUI, Robbery, Murder, and more. We serve the Greater Toronto Area including Brampton, Mississauga, Newmarket, Scarborough, and surrounding areas. Call us today at (416) 658-1818 for a free case evaluation by an experienced criminal law firm.

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If you are facing domestic assault charges, it is important to seek the assistance of experienced domestic assault lawyers. A favourable outcome would be the withdrawal or dismissal of charges, a stay of proceedings, or an acquittal, as having a criminal record can have severe consequences.

At Pyzer Criminal Lawyers, we offer a free consultation to help you understand your rights, and the charges against you, and provide guidance on the next steps to take.

Understanding Domestic Assault

Although domestic assault is not a separate offence in the Criminal Code, it is considered more serious than non-domestic assault charges by the courts. Domestic assault refers to any kind of assault or violent offence that takes place between current or former partners in a domestic violence context.

Assault offences in the Criminal Code are:

Assault
Assault with a weapon
Assault causing bodily harm
Aggravated assault
Sexual assault

In addition to assault charges, individuals charged with domestic violence may also face charges for other related offences:

Criminal harassment
Uttering threats
Mischief
Prohibited conduct
Implying harm against a person

If you are charged with an offence in the context of a domestic relationship, you may face a longer jail sentence compared to a non-domestic context.

Domestic Assault Penalties

The potential sentence for domestic assault varies depending on the circumstances of your case, such as the nature and context of the assault. If convicted, you could receive an absolute discharge (resulting in no jail time) or up to 14 years in jail, with a criminal record for an assault charge.

Section 266 of the Criminal Code deals with the definition of assault, while section 267 outlines the penalties for different types of assault. The maximum jail sentence for domestic assault and domestic violence is:

Five years if no weapon was involved;
10 years if a weapon was involved;
10 years if you caused bodily harm to the complainant;
10 years if you choked, suffocated, or strangled the complainant;
14 years if you wound, maim, disfigure or endanger the life of the complainant.

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Consequences of a Conviction

Being convicted of domestic assault or domestic abuse can result in a lifelong criminal record, which can have severe consequences for you and your family. It can create obstacles when travelling to the U.S., seeking employment, renting a home, or pursuing certain careers, such as teaching, childcare, or medicine.

Additionally, if you are involved in family court proceedings, such as child custody disputes, your criminal record can be used as evidence against you in court.

Following a conviction for domestic assault or domestic violence, the court may impose certain conditions that you must abide by during and after your sentence.

These conditions can include a no-contact order with the complainant, who is often a current or ex-spouse or common-law partner. This can be particularly challenging when children are involved.

Your Legal Rights Under the Charter

If you are accused of assault and charged, you are entitled to certain rights under the Charter of Rights and Freedoms. If the police violate any of your rights, you may be eligible for a stay of proceedings, meaning the charges will be dropped and the trial will end. This can help you avoid having an assault conviction on your criminal record. It's crucial to remain silent and seek the advice of an experienced domestic assault lawyer if you are arrested for assault.

Right to Representation

In the event of an arrest, Section 10 of the Charter mandates that the police must inform you of your right to consult with a lawyer. The police are required to do so as soon as possible. If the police fail to notify you of this right, the court may provide you with a remedy. This could include the exclusion of certain evidence from your case or the Crown agreeing to enter a stay of proceedings.

Right to be Informed

Section 10 of the Charter also grants you the right to be informed of the reason for your arrest. The police are obligated to inform you of the grounds for your arrest as soon as possible after the arrest.

Right to Remain Silent

If you have been arrested, it is often in your best interest to avoid speaking to the police. While you are required to provide the police with your name, date of birth, and address, it is advisable to refrain from saying anything further.

Get Help From a Proven Toronto Domestic Assault Lawyer

At Pyzer Criminal Lawyers, our team is committed to providing our clients with the best legal defence possible. We have the knowledge and skills to defend allegations of domestic violence in all jurisdictions within Toronto and the Greater Toronto Area. Contact us today for a free case evaluation and take the first step towards defending yourself against domestic assault charges.

Bail Process

After being arrested for domestic assault, the police are obligated to separate you from your current or ex-partner and take you to jail for a bail hearing within 24 hours. The purpose of this hearing is to determine whether you should be held in custody until your trial or if you should be released until then. A qualified lawyer can help you navigate the legal process and protect your rights.