Can I Get Domestic Assault Charges Withdrawn in Ontario?
What is Domestic Assault?
Domestic assault is one of the most commonly accused crimes in Toronto. Assault combines the threat of violence with the perceived capacity to inflict injury. By definition, this means harm to the victim is not required for there to have been assault. The victim need only feel that harm could have occurred.
Domestic assault is a subcategory of assault and pertains to actions within the home. An assault is classified as domestic if one member of a household is convicted against another member of the same household. It is most prevalent between cohabiting or married couples.
Can I get Domestic Assault Charges Withdrawn?
Domestic assault convictions usually play out differently than other assault convictions because evidence is typically minimal; its not uncommon for the case to rest solely on the victim’s testimonial. This can be especially dangerous for the individual accused because there is also little evidence to dispute the assault accusation.
While this can make defending oneself difficult, an experienced defence lawyer can take advantage of this situation. After successfully defending clients in a number of domestic assault cases, we understand how to break down victim testimonials to detect flaws and lies. We will aggressively seek out and attack inconsistencies in the victim’s story in order to thwart their credibility, and have the case thrown out of court.
Penalties for Domestic Assault in Toronto, Canada
Regarding punishment, a domestic assault charge is the same as an assault charge under the Criminal Code of Canada. This means a conviction could lead to a prison sentence of up to 5 years. If you are convicted then you can also expect problems with regard to traveling, employment, reputation and family contact.
Even if the victim has a shaky case at best, its not unusual for a strict restraining order to be put in place until the case has been resolved. This means that in this time of hardship, it may be impossible to contact any of your loved ones. Speaking with a professional lawyer as soon as possible can help prevent this from happening.
Please see section 266 of the Criminal Code of Canada for additional information regarding punishment for domestic assault. Alternatively, click here for a free case evaluation of your situation at no cost with a professional lawyer.
Related Article: Domestic Assault Lawyers
Experienced Domestic Assault Lawyers in Toronto
Its possible for you to be convicted on nothing more than the victim’s word. Your past actions and whether or not you’ve been an upstanding citizen may be irrelevant.
After presenting your case in court, it is up to the prosecutor to decide if your case proceeds, not the judge, your spouse or the police. In a time like this its important to have professionals who know exactly what to do and how best to present your side of the story to the prosecution. A misstep in this situation could backfire even if you have a strong story.
Take some solace in having professional lawyers on your side. With over 60+ years combined experience helping individuals in your shoes, we know exactly what to present to the prosecution to minimize the chance they pursue your case.
We will take the time to understand the victim’s testimonial inside and out, then pick apart whatever inconsistencies that exist. Not all criminal lawyers are equally skilled in doing this. Don’t let the fate of your future rest with anyone who doesn’t have a track record of success.
If you are interested in a completely free and confidential consultation with a Toronto Criminal Lawyer, please click on the button below. We may be able to help you get your domestic assault charges withdrawn.
See what our other clients are saying about us. We can help you too!
Client Testimonials
I appreciate the quick response. Stephen Hebscher gave me extremely good advice about my situation. I was being extorted by an employee of mine,and he helped me resolve the matter within days. Now I don¹t have this black cloud hanging over my head. I will highly suggest Stephen and The Criminal Law Team to anyone that needs the help of an experienced criminal lawyer! Thanks again!
M.A.
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome.
I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be.
I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
M.B. Toronto
Dear Bruce Karten
I wanted to send a note to express my family’s gratitude for everything you have done for my brother. With his mental illness, and the serious charges that were laid against him that included arson and endangering life under the Criminal Code of Canada, we were terrified of what was going to happen to him. These charges could well have resulted in him being sentenced to jail for a period of 10 years or more.
I did not know what to expect when I made that first call to you, Bruce, but through the months it took to resolve this, your professionalism, knowledge and patience in explaining what you were planning to do in a way that we were able to understand, made us feel less anxious and more hopeful.
Thanks to you, his charges were substantially reduced and he received a sentence that allowed him to continue to receive the medical help he needs to recover and look to putting his life back together. Any period of jail would have been devastating to his chances of recovering from this devastating situation. We would recommend you, Bruce Karten, without hesitation, to anyone in need of an excellent criminal defense lawyer.
Thank you,
Shirley, T., Whitby, Ontario
Dear Mr. Hebscher: I wish to commend and thank you for your recent handling of my friend’s court case. Your compassionate and thorough scrutiny of the circumstances lead to a withdrawal verdict. Thank you so much. I was most impressed and should I ever be in a similar serious situation you will be the first person I call. Again, you represent all the good side of lawyers.
C.M.
Toronto, ON
Dear Mr. Hebscher: I would like to take this opportunity to thank you ever so much for your great professionalism and humane service to me at a time of profound confusion and in dire need of legal counsel. From my first introduction via telephone, your voice made me feel comfortable. Dealing with you from the beginning to end kept me reassured I was in good hands. The final outcome of my court case, which was “withdrawn” confirmed that I truly had a good lawyer on my side and it was your advocacy that convinced the crown. I would highly recommend you to anyone in need of an excellent criminal lawyer. Once again, I thank you and God bless.
M.J.
Toronto
Excellent news!
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome!
I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)
