Once a police investigation has begun after an allegation of domestic assault – whether an actual assault, mischief to property or a threat – the complainant’s wishes carry little weight, as officers are required to lay charges if they find evidence that a domestic assault has taken place. I’ve had many cases where in the […]
Domestic assault trials can go ahead, even if the victim recants Read More »
When someone calls the police and claims they were a victim of domestic assault, officers will probably take away the suspect in handcuffs and then start collecting evidence. If you find yourself in that situation, don’t give a statement to the police but instead call an attorney who can help you present the best defence
Evidence in domestic assaults includes photos, medical records Read More »
There are many reasons why a partner or spouse might make a false accusation of domestic assault. It possibly could be a power play or as leverage in a divorce, especially if the division of assets and the custody of children are in dispute. Police do not take domestic assault allegations lightly so once a
Speak to legal counsel first if accused of domestic assault Read More »
When a client is charged with committing a domestic assault, one of the initial questions they ask their lawyer is, “How do I have the charges dropped?” If a person has a strong case and clear evidence indicating that the complainant is lying about what occurred, the best option may be to go to court
There are ways to avoid a record if charged with domestic assault Read More »
When someone is charged with domestic assault the best defence is proving that the assault did not happen. People have various reasons to make false accusations, or to exaggerate the severity of an incident that was already highly emotional and confusing. When that happens, you need an experienced defence lawyer to present your case in
Best defence for domestic assault: prove it did not happen Read More »
Domestic assaults are one of the most common crimes in Canada. They are not defined by the Criminal Code but can include assault with weapon, aggravated assault, assault causing bodily harm, sexual assault and uttering threats, theft, mischief to property; basically, any type of criminal offence that happens in a domestic context. To read more,
Domestic assault can include a wide range of actions in a home Read More »
The charge of assault covers a wide range of activities, ranging from punching someone to asking for money in a threatening manner. It is important to note that even if there is no physical contact between two people, the aggressor may face assault charges. For more information, click here.
Assault charges do not always involve physical contact Read More »
Police charge people with assault causing bodily harm when an attack on another person causes injury that will pass in a short time. There may be bruises and some feelings of anxiety, but the victim will fully recover. The Criminal Code defines bodily harm as “any hurt or injury to a person that interferes with the health
Understanding the charge of assault causing bodily harm Read More »
The charge of assault with a weapon may appear self-explanatory but there are many factors that have to be considered before this serious charge is laid, the first one being what actions comprise assault. Canada’s Criminal Code states a person commits an assault when: “without the consent of another person, he applies force intentionally to
Charges for assault with a weapon go well beyond using guns Read More »
According to the Criminal Code, a person commits an assault when they apply force intentionally to another person, directly or indirectly, without their consent. But when that action “wounds, maims, disfigures or endangers the life of the complainant” the assailant should face the charge of aggravated assault, the Code states. To read more, click here.
Aggravated assault is a very serious charge, based on injury Read More »
