WHAT IS THE DEFENSE TO AN ALLEGATION OF DOMESTIC ASSAULT?

What is the defence to an allegation of domestic assault

If the allegations against an accused are false or misleading, which often times we find may be the case, the complainant’s motives behind having you charged are important and can impact the complainant’s credibility at trial. Sometimes we find complainant’s turn to criminal court to fare a better chance in their family court matters against the accused and this could seriously detriment the Crown’s case.

The defense(s) available to an allegation of domestic assault can be manifold and it depends entirely on the factual makeup of the case.

How To Successfully Have The Charges Dropped

There is no cookie-cutter method or approach to have domestic assault charges dropped. There are different factors that may play a key role in your chances of having the charges withdrawn by way of resolution with the Crown. Some Crown Attorneys are more reluctant to work out a resolution by having the charges withdrawn than others.

It is always beneficial to the defense to be able to show that the accused is a law-abiding citizen and has various positive attributes such as a solid employment background or being a good parent. Our firm will take a thorough look into your background and will likely request that you provide us with the appropriate character letters.

We will also look at all options for programs available such as anger management or addiction programs if drug and/or alcohol was a live issue. These can all prove to be crucial to resolution.

The Seriousness Of The Assault

Convincing the Crown that the incident was on the lower end of the spectrum when it comes to seriousness and the extent of injuries will be a major determinant if resolution is a possibility. If the injuries are far less serious than the synopsis and the facts described by the complainant, there may be room for an argument that the facts are described in an exaggerated manner.

Do I Need A Lawyer?

Sometimes the strongest argument in a domestic assault charge case is convincing the Crown that there is no reasonable prospect of conviction. A lawyer will want to show the Crown that if the incident did occur, that for a number of reasons, a resolution is the best course for the complainant, the family unit, and society at large.

Domestic assault charges can be extremely serious but are sometimes the appropriate place for a resolution. If you have been charged with domestic assault, be sure to contact a lawyer right away.

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CRIMINAL DEFENCE LEGAL SERVICES

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Bernstein Law Group

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905-546-1695

info@bernsteinlawgroup.ca

250 James St S, Hamilton, ON L8P 3B3

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