Domestic assault involves any form of physical, emotional, or psychological harm inflicted on a spouse, partner, or family member. Understanding the legal implications of domestic assault charges is crucial.
Elements of Domestic Assault
To prove domestic assault, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That there was intentional application of force or threat.
- That the complainant was a spouse, partner, or family member.
- That the complainant did not consent to the assault.
Potential Penalties for Domestic Assault
Penalties for domestic assault can vary based on the circumstances and severity of the offence:
- Summary Conviction: Up to 18 months in prison and/or a fine.
- Indictable Offence: Up to 5 years in prison.
Click here to learn more about the potential penalties for domestic assault.
Defences Available for Domestic Assault
Possible defences against domestic assault charges include:
- Self-Defence: Arguing that you used reasonable force to protect yourself from immediate harm.
- Consent: Demonstrating that the complainant agreed to the physical interaction.
- Fabrication or False Accusation: Showing that the allegations were made up, often due to ulterior motives.
- Lack of Intent: Proving that any physical contact was accidental and not intentional.
Click here to learn more about the potential defences available for domestic assault charges.
Speak to a Domestic Assault Lawyer Today
Facing domestic assault charges requires expert guidance to navigate the complexities of the legal system. A skilled criminal lawyer can challenge the evidence, develop a robust defence strategy, and ensure your rights are protected throughout the process. For a comprehensive approach and the best possible outcome, consult with a professional. Call (855) 585-1777 to receive a free consultation with a domestic assault lawyer today.
