Criminal Law
Domestic Assault
Criminal Law
Lawyers for Domestic Assault
In a case of domestic violence, the Crown is legally obligated to come to the aid of the victim in their pursuit of justice and protection from the accused. Such a criminal charge could land you in jail for a maximum of 14 years in some cases and leave you with a permanent criminal record. This is why, when faced with such charges, you need to get in touch with our experienced criminal defence team at Nanda and Associate Lawyers to fight the case on your behalf and clear your name of these charges. Reach out to our legal team to schedule your consultation today.
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What constitutes the offence of domestic assault under the Criminal Code?
There is no specific category of offence for domestic assault under the Criminal Code of Canada. In simple terms, when an act of assault occurs within a family setting, it is considered a domestic assault. Legally, when someone commits an act of domestic assault, it will fall under one of the categories of assault depending on the nature of the crime. The relationship between the parties involved, whether they be intimate partners or parents and children, will be considered as one of the aggravating factors in the case.
The Criminal Code of Canada defines the offence of assault as involving any of the following acts.
- When a person intentionally applies force to another person without their consent.
- When a person threatens to apply force on another person
- When a person openly wears or carries a weapon, thus intimidating or impeding another person with the implied threat to apply force.
Under the Criminal Code of Canada, the offence of assault is classified into different levels based on the nature of the assault, especially the element of violence involved.
- A simple assault (Level 1) falls under Section 265 of the Criminal Code and is defined as a minor infliction of force on another person without their consent, leading to minor or no injuries, or merely threatening to use violence against them. If convicted, the maximum prison sentence is 5 years.
- An assault with a weapon or resulting in bodily harm (Level 2) falls under Section 267 of the Criminal Code and is defined as an assault conducted using or while carrying a weapon or merely threatening to use the weapon against someone. If the assault injured the person, the injury must not be life-threatening but result in cuts, bruises, or fractures. If convicted, the maximum prison sentence is 10 years.
- Aggravated assault (Level 3) falls under Section 268 of the Criminal Code and deals with severe, permanent, and disfiguring injuries or life-threatening injuries. If convicted, the maximum prison sentence is 14 years.
There is no minimum mandatory sentence for assault mentioned in the Criminal Code. However, both assault and assault causing bodily harm are hybrid offences, allowing the Crown to decide on either the summary conviction or the indictable offence option depending on the aggravating circumstances of the case. An aggravated assault charge is automatically treated as an indictable offence. This means that the Crown will be seeking a jail sentence for the accused upon conviction.
How can our criminal defence lawyer help you?
As mentioned above, a serious case of aggravated assault could potentially land you in prison for a maximum of 14 years. This is why you need to engage the services of an experienced criminal defence lawyer from the very beginning of your case. A qualified criminal lawyer can help you with the following.
Legal advice and counsel
An experienced criminal lawyer will clearly explain your rights and the legal procedures involved, and they will clarify the extent to which you are required to cooperate with the investigation without incriminating yourself.
Protecting your rights
Your lawyer will monitor the legal procedures followed by the officials during your arrest, the search and seizure of your property, and your detention awaiting the trial. If there were any violations of your Charter Rights, your lawyer will bring them to the attention of the court.
Representing you at the bail hearing
You need to have an experienced lawyer fighting in your corner to ensure that you secure bail on favourable terms.
Negotiating with the Crown for a plea bargain
Before the trial, your lawyer will conduct formal negotiations with the Crown to get the charges reduced or dropped. The Crown might be willing to make such concessions if you are a first-time offender or if the prosecution’s evidence in the case is weak.
Legal representation at the trial
When the case goes to trial, your lawyer will represent you in court, arguing in your favour and fighting to obtain the final court order in your favour.
We can Help
If you are dealing with any such assault charges, do not hesitate to reach out to our criminal defence team for immediate assistance. At Nanda and Associate Lawyers, our criminal defence team has more than two decades of excellent track record of helping our clients in fighting such criminal charges laid against them. Contact our team today for legal support and assistance.
Frequently Asked Questions
What are the three levels of assault in Canada?
Under the Criminal Code of Canada, the offence of assault is classified into different levels based on the nature of the assault, especially the element of violence involved.
- A simple assault (Level 1) falls under Section 265 of the Criminal Code and is defined as a minor infliction of force on another person without their consent, leading to minor or no injuries, or merely threatening to use violence against them. If convicted, the maximum prison sentence is 5 years.
- An assault with a weapon or resulting in bodily harm (Level 2) falls under Section 267 of the Criminal Code and is defined as an assault conducted using or while carrying a weapon or merely threatening to use the weapon against someone. If the assault injured the person, the injury must not be life-threatening but result in cuts, bruises, or fractures. If convicted, the maximum prison sentence is 10 years.
- Aggravated assault (Level 3) falls under Section 268 of the Criminal Code and deals with severe, permanent, and disfiguring injuries or life-threatening injuries. If convicted, the maximum prison sentence is 14 years.
Can the victim drop the domestic assault charges?
No. The victim cannot legally drop the domestic assault charges against the accused since it is the Crown, on behalf of the victim and in the interest of the safety of the public, who is bringing the charges against the accused in court. Even if the victim were to withdraw the charges, the Crown will continue with the legal proceedings against the accused in the interest of justice and public safety. However, in some cases, it is highly likely that without the victim’s cooperation, the Crown might not be able to prove the charges beyond a reasonable doubt.
Will I go to jail for a first-time domestic assault in Canada?
The final outcome of the case will depend on the particular circumstances of the alleged offence. However, in most cases, it is highly likely that you might have to serve some time in jail since Canadian law takes domestic assault cases seriously. In rare cases, it might be possible for you to obtain a full or partial discharge, probation, or a suspended sentence, depending on various factors, such as the nature of the offence, the past criminal record of the accused, their age, and their relationship with the victim.
Does the statute of limitations apply in domestic assault cases?
Under Canadian law, the statute of limitations does not apply to indictable offences. Both assault and assault causing bodily harm are hybrid offences, allowing the Crown to decide on either the summary conviction or the indictable offence option depending on the aggravating circumstances of the case. An aggravated assault charge is automatically treated as an indictable offence. In most domestic assault cases, the relationship between the parties is generally treated as an aggravating factor, prompting the Crown to pursue the charges under the indictable offence route.
How long does an assault conviction stay on my record in Canada?
A conviction in a criminal case, even in a minor domestic assault case, will stay on your permanent criminal record. This is why it is important to contact an experienced criminal defence lawyer as soon as the charges are levelled against you. They will put up a strong defence to get the charges overturned or withdrawn.
What is the minimum sentence in a domestic assault case in Canada?
There is no minimum mandatory sentence for assault mentioned in the Criminal Code. However, both assault and assault causing bodily harm are hybrid offences, allowing the Crown to decide on either the summary conviction or the indictable offence option depending on the aggravating circumstances of the case. An aggravated assault charge is automatically treated as an indictable offence. This means that the Crown will be seeking a jail sentence for the accused upon conviction.
Do both domestic assault and spousal assault refer to the same offence?
In most cases, they might refer to the same offence. But it is important to note that a domestic assault might refer to any assault happening within a family setting involving spouses, parents, grandparents, children, grandchildren, and other family members. Spousal assault, on the other hand, specifically refers to the assault happening between intimate partners.
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