"Assault"

Do the following quotes sound familiar? "I called the police for help. Then they told me they had to arrest my partner even though I told them that was the last thing I wanted. They didn't listen." Or, "My partner lied to the police. I did not lay a hand on him. The police didn't listen to a word I said to them and simply arrested me without much of an investigation." Or may be this sounds familiar, "I told the Crown Attorney I wanted the charges dropped, but they said it's not my decision to make." Domestic Assault charges can be one of the most stressful situations a family can find themselves in. Song Criminal Defence will stand by your side and protect your family's legal rights.

Criminal Code of Canada, s. 265

(1) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity
2. Date and Time of Offence
3. Accused applied force on the victim.
4. Accused had intent to apply force excluding reflex or carelessness.
5. Manner or means in which the assault was perpetrated (ex: object, fist, etc.)
6. Injuries, if any.
7. Differences, if any, in the physical build of the Accused and the Complainant.
8. Lack of consent by the complainant.
9. Complainant did not threaten, provoke or assault the Accused.
10. The involvement of alcohol, if any.

Available Dispositions on Conviction | "Punishment"

1. Criminal Record: An Assault conviction will result in a criminal record.
2. There are no mandatory minimums for Assault convictions.
3. On summary election, the maximum penalty is jail for a period of up to 2 years less a day and/or a $5000 fine.
4. On an indictable election, the maximum penalty is jail for a period of no more than 5 years.
5. Possible DNA Order
6. Weapons Prohibition Order
7. Non-communication order between the Accused and the Complainant.
8. Non-attendance order between the Accused and the Complainant.
9. Potential forfeiture of weapons or firearms.
10. Victim Fine Surcharge.
11. Restitution Order.

Negative Collateral Consequences

In most if not all cases, when an Accused is charged with "Domestic Assault", conditions of an undertaking or a bail recognizance will force the Accused to leave the matrimonial home. These conditions will also include a non-communication order an a non-attendance order which will prevent the Accused from speaking directly or through other individuals, even electronically, with the Complainant. Furthermore, the Accused will often be restricted from attending any place they know the Complainant to be or frequent. For domestic partners, this situation can turn into a logistical nightmare as now they are forced to pay for additional accommodations for the Accused for a lengthy period of time. Many domestic partners in this situation understandably want to be able to communicate with the partner but are unable to do so. It is worth noting that domestic partners may be separated for several months while the charge is being dealt with in the criminal justice system.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Song Criminal Defence is highly skilled and knowledgeable in methods to expediently resolve domestic assault matters. For families who wish to be reconciled, we can work towards reuniting the family even before the charge is fully resolved in Court or make changes to the undertaking or bail recognizance conditions in a way that will make life bearable for the Accused and their families. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.