When most people think of domestic assault, they imagine a scenario in which one person attacks another within the confines of their home. However, many don’t realize that this definition can be much broader. In fact, any act of violence or threatened violence against a family member or intimate partner can be considered domestic assault under the law. Yet, despite this broad definition, there are often cases in which charges are dropped or reduced. So how does this happen?
What Does It Mean To Have Charges Withdrawn?
When charges are withdrawn in a domestic assault case, it means that the Crown Attorney has decided not to pursue the case. When that decision is made, you will appear with your lawyer at a court appearance, when the Crown Attorney formally advises the judge the the charges are being withdrawn.
There are many reasons why domestic assault charges might be withdrawn or reduced. One of the most common reasons for charges being withdrawn is a lack of evidence. This can happen even when there is eyewitness testimony, as it can be difficult to prove beyond a reasonable doubt that an assault actually occurred. In some cases, charges may also be withdrawn if the individual who made the complaint is deemed unreliable or not credible. This can happen if the complaint has a history of making false accusations or if there are inconsistencies in her/his story.
As a Complainant, Can I Withdraw Assault Charges? I Don’t Want The Charges To Proceed.
The simple answer is no. As a complainant, you do not have the authority to withdraw assault charges. The police will take your statement and based on that will determine if an investigation is warranted. If there is enough evidence, the police will proceed with an investigation and may arrest the accused. It is ultimately up to the Crown Attorney or prosecutor to decide whether or not to pursue charges against the accused.
How to Make This Happen?
Once someone is charged with domestic assault, the Crown prosecutor becomes responsible for deciding whether or not to proceed with the case. There are a number of factors that the Crown will consider in making this decision, including the severity of the alleged offense, the strength of the evidence, and whether or not there is a likelihood that a conviction can be obtained. Ultimately, however, it is up to the Crown to decide whether or not to drop charges and they will do so if they believe it is in the best interests of justice. For example, Richard Fedorowicz has negotiated a withdrawal of the charges on behalf of his clients, by pointing to issues with the evidence and showing the Crown Attorney that his client was otherwise a good citizen.
How Can A Criminal Defence Lawyer Help Get The Best Results In Domestic Assault Cases
If you are facing domestic assault charges, it is in your best interest to hire a criminal defence lawyer. A criminal defence lawyer can help you navigate the complex legal system and will fight vigorously on your behalf to get the best possible outcome in your case.
A good criminal defence lawyer will review the evidence against you and look for any weaknesses or holes in the prosecution’s case. They will also investigate any possible defences that may apply to your case. Depending on the circumstances, various defences may be available, such as self-defence.
Your lawyer will also be able to negotiate with the prosecutor on your behalf to try and get the charges reduced or dropped altogether. If a trial is necessary, your lawyer will be there to represent you and ensure that your rights are protected.
Contact An Experienced Defence Lawyer
As an experienced Domestic Assault Defence Lawyer
, Richard Fedorowicz knows the ins and outs of this particular type of law. He has years of experience defending those accused of domestic assault and will work tirelessly to ensure your rights are protected every step. If you or someone you know is facing charges for a domestic assault offence, don’t hesitate to contact Richard Fedorowicz Law Firm today for a free consultation. He can help you understand your rights and build a defence for your case. Call us today!