Criminal Law – Domestic Assault

To clear any misconceptions, “Domestic Assault” is not an offence in the Criminal Code of Canada, but rather it a terminology mainly used by the Crown’s office and the Court.

The terminology of “Domestic Assault” stems from the particulars of the alleged offence.  A “Domestic Assault” is an Assault that occurs between a husband and wife, common-law partners, boyfriend and girlfriend, multiple-party relationships, same-sex partners, children, parents, or even relatives.

Some of the different Assaults that may become Domestic are included in the links below:

Assault

Assault Causing Bodily Harm

Assault with a Weapon

Aggravated Assault

The significance of a “Domestic Assault” is in the manner in which the Crown’s office and the Courts approach the charge. 

The Crown’s office usually has special Crown Attorneys or Divisions to screen and prosecute any file that is “Domestic” in nature.  Domestic files translate to Crown Attorneys seeking more probation, fines, conditions and jail time, and Judges are more inclined to give more probation, fines, conditions and jail time to those convicted.

A lawyer can help secure your freedom.
In addition to exhausting all options of defences found in the  Criminal Code of Canada and the Common Law, a Lawyer may also challenge the Crown Attorney’s case.  A Lawyer may be able to question the Crown Attorney’s witnesses and statements of the events which may lead the trier of fact, Judge or Jury, to find that the Crown has not met their burden of proving every element of the offence beyond a reasonable doubt resulting in a favourable verdict for you.

A lawyer can help secure a lesser sentence.
If one is guilty of an offence, whether by a guilty plea or after a trial, the court is left with the decision on sentencing.  The Criminal Code of Canada provides a basic guideline of Maximum and Minimum sentencing permitted and the types of Sentences available for each offence under the Criminal Code of Canada.  A lawyer may advocate for a sentence specifically tailored for the individual, which usually means lesser probation, fine, or jail than that sought by the Crown Attorney.

The law is vast and complex.  I can help!