Domestic assault is considered a very serious criminal offence due to the nature of a pre-existing relationship with the alleged victim. The courts and Crown treat domestic assault with the highest level of scrutiny. Oftentimes, if one is convicted and found guilty, they will face harsher sentencing than someone convicted and found guilty of an assault offence.
The criminal offence of domestic assault is used to refer to a variety of violent crimes where there is a pre-existing relationship with the alleged victim, including but not limited to:
- Utterring Threats
- Sexual Assault
- Assault Causing Bodily Harm
- Assault with a Weapon
- Aggravated Assault
Being charged with domestic assault does not mean you will necessarily be found guilty of the offence. You can greatly increase the likelihood of a positive outcome by contacting a domestic assault lawyer in Brampton at Manbir Sodhi Law.
In the context of domestic assault offences, the term “pre-existing relationship” is a catch-all term to describe your relationship with alleged victim. The other person could be a boyfriend, girlfriend, spouse, parent, child, cohabitating partner, grandparent, step-family member, or even a close personal friend. The determining factor used by the police and Crown is determining what, if any type of relationship existed that involved a level of trust.
Prior to being charged for domestic assault, the police conduct an investigation to determine whether there are grounds for filing charges. The investigation typically begins when the police respond to a domestic incident. The police normally will separate those involved and ask questions to determine the course of events.
If the police believe there are grounds for domestic assault, they will make an arrest and advise the suspect of their legal rights. Among these rights is the right to speak to your own Brampton domestic assault lawyer prior to formal questioning and provding a formal statement.
Keep in mind you do not have to answer any questions the police ask during their initial investigation and can invoke your right to remain silent until you have consulted with your own criminal defence lawyer.
After being arrested, you may be released on your own personal recognizance or have to appear in front of a judge for a bail hearing. If the police will not release you on your own personal recognizance, you will want to have our domestic assault lawyer in Brampton present for your bail hearing to help improve your chances of being released. If your bail is denied, securing release becomes more difficult.
Once you are released, you and your lawyer will have time to formulate a defence strategy. The vast majority of domestic violence cases are often resolved without ever going to trial. The Crown may even offer a Peace Bond as an option to withdraw or suspend the charges.
If you have not already spoken to our Brampton domestic assault lawyer, you will want to do so now with a FREE consultation at Manbir Sodhi Law to get the help you need to fight the charges.