Domestic Assault Defence Lawyer, Toronto & Newmarket
LBE Has Been Winning Cases Since 1989!
Domestic Assault Defence Lawyer, Toronto and Newmarket
The Criminal Code of Canada views cases of domestic assault in a grave light. If you are charged, remain calm and take the right steps. An experienced and knowledgeable attorney can help you defend a domestic assault charge and guide you through the legal process. Don’t wait, if you have been charged with an assault you need to discuss the case with a lawyer as soon as possible.
My name is Lawrence Ben-Eliezer and I am an affordable domestic assault defence lawyer in Toronto and Newmarket with a wealth of experience at all levels of court. My goal is to help you walk away with your reputation intact.
Winning Cases Since 1989
As a domestic assault criminal lawyer based in downtown Toronto, I use my legal acuity, knowledge and experience to strengthen your case in court. The prosecution team will pursue the charge with a level of astuteness that you may not know how to defend against. This is why you need an equally competent lawyer on your side.
Below, I answer some of the most pertinent questions relating to domestic assault and sexual assault.
What is Domestic Assault?
Domestic assault is considered a serious offence by the Crown, often viewed as disputes that arise within the context of a domestic relationship. This could be between spouses, common-law partners, family members, live-in couples, and the likes. Domestic assault includes any act committed with an intent to inflict fear or bodily harm on the other person.
What is Considered Reasonable Grounds to Lay a Domestic Assault Charge?
The police usually lay a domestic violence charge when there is more than mere suspicion that domestic assault did indeed transpire.
For charges to be laid, there must exist reasonable grounds. If, say, a person of reasonable caution and prudence was represented with the facts of the case and could organically assume that the event transpired, this constitutes reasonable grounds.
The police also examine other neighbouring factors such as property damage, the statement form the 911 dispatch, apparent injuries to the alleged victim, etc.
Are Domestic Violence Charges Usually Dropped?
It is unlikely. Under Canadian law, the alleged victim is not able to drop a domestic assault charge against the accused. Prosecutors may withdraw charges if they feel that moving forward with the proceedings is not in the best interest of the public or if they have reason to believe that a guilty verdict is unlikely.
How Do I Build a Good Defence For a Domestic Assault Charge?
If you are charged with domestic assault, it is recommended that you speak with an experienced defence attorney and seek immediate legal counsel. They can help you navigate through the court process and are often your first line of defence. This can lead to lesser penalties or better negotiations with the Crown Attorney.
At LBE Law, I work around the clock to secure the best possible outcome for your case. You can always reach me by phone or email and I will answer your questions quickly and accurately.
I am a qualified and highly experienced domestic assault criminal defence lawyer in Toronto. Having practiced as a sexual offence lawyer in Newmarket for years, I have the expertise to negotiate the best possible outcome for your case.
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Will My Domestic Violence Case Go to Trial?
In most cases, these assault charges do not make it to trial. This may depend on the defence and prosecution reaching a plea deal, the prosecution dropping the charges, or the alleged victim recanting their original statements.
What Can I Expect During a Domestic Assault Trial?
Domestic assault charges that do make it to trial often move quickly and involve a handful of witnesses to the stand. The Crown Attorney may only call upon the alleged victim and one or two police officers in charge of the investigation. The defence team may only call upon their client.
If the only witnesses are the alleged victim and the accused, the judge will decide the final verdict based on the credibility of the witnesses.
Can I Be Granted Bail for a Domestic Assault Charge?
Yes. You will be able to get bail if you’ve been charged with domestic assault. You will have to spend a night in police custody before being brought to court for a bail hearing.
In court, the Crown can either consent to your release, based on specified conditions, or oppose it. If your bail is opposed, a subsequent contested bail hearing will take place before a Justice of the Peace.
What Are the Penalties of Domestic Assault?
The penalties of domestic assault depend on the seriousness of the crime. They can range anywhere from a peace bond to significant jail time. For less serious charges, the offender may only be required to pay for property damage or medical bills.
If found guilty, the offender must obey all court orders and conditions. Non-compliance is punishable with jail time of up to 2 years. The court could also impose ancillary conditions for the sentence such as anger management or substance abuse counselling.
How Will a Domestic Assault Conviction Affect My Life?
If convicted of a domestic assault, you may be required to not contact the complainant or come within a specific distance of their home. If you have any children with them, you may also have limited contact with your children based on the specific conditions and orders from the court.
Moreover, since the charge will be on your record, it will be more difficult for you to pursue employment and travel opportunities.
To avoid these repercussions, it is best to strengthen your case with a qualified defence lawyer from day one.
How Much Does a Domestic Violence Attorney in Toronto Charge?
This varies on a case-by-case basis and is ultimately informed by the complexity of your case. My priority is to review your case thoroughly, find loopholes in the complainant’s version of events, and prepare you for the prosecutor’s questioning. Rest assured, I will do everything in my power to improve your chances of success at court and work at a fee that is fair and reasonable to you.
Domestic Assault Criminal Defence Lawyer, Toronto
If you or a loved one are facing a domestic assault charge, it’s very very important, and I cannot stress this enough, to contact a competent criminal defence lawyer.
LBE Law is a trusted law firm in Newmarket, having worked with countless clients to secure a not-guilty verdict for their domestic assault cases. Here’s why timely legal intervention is crucial;
- I will work with you to spot inconsistencies and improbabilities in the accuser’s version of events
- If there is an ulterior motive for the allegation, I will employ my expertise to identify it
- Having worked on all manner of domestic assault cases before, I can help to identify whether or not the accuser is reliable or credible by gathering further evidence and using certain courtroom strategies to test their credibility
- I can prepare you for the prosecutor’s intense cross-examination
- If any evidence against you was gathered in a manner not pursuant to the law, I can work to have that excluded from your trial
While all criminal cases are treated very seriously, the Crown is particularly relentless when it comes to domestic offences. You need a skilled and competent criminal defence lawyer who is able to create a winning defence strategy in court on your behalf.