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Toronto Domestic Assault Lawyer

Domestic assault is a crime that can disrupt the whole environment of a house and can occur even between the closest of relationships, such as family members, spouses, and dating partners. However, the term can also include assaults against other household members, such as roommates. Ontario domestic violence charges can be severe and result in lengthy prison sentences and hefty fines. Often, domestic assault results in severe physical and emotional injuries to the victim. In some cases, it can even lead to death.

Assault is considered a crime in Canada under s.265 and s.266 of the Criminal Code. In addition, domestic assault is a criminal offense committed in several ways.

  • Physical violence is the most visible form of domestic assault and can involve slapping, hitting, punching, kicking, or strangling.
  • Sexual violence can involve forced sex or any sexual contact without consent.
  • Emotional abuse can involve making threats, name-calling, and put-downs. Emotional abuse can also involve controlling a person’s finances in the household, preventing a partner from working or going to school or putting them on an allowance.

Domestic assault is a serious crime, and authorities put determined efforts into resolving domestic violence. If you are facing charges of domestic assault, it is essential to seek legal counsel. Richard Fedorowicz can help you build a strong defense and protect your rights.

Is it Domestic Assault If There Are No Injuries?

If there is no visible injury in a domestic assault, it does not mean that the assault did not occur or that the victim was not harmed. Invisible wounds, such as bruises, can result from an assault. Even if there is no physical evidence of harm does not mean the victim was not injured emotionally or psychologically. Domestic abuse is about power and control and often includes coercive and manipulative behavior in addition to physical violence. Even if there is no evidence of bodily injury, victims of domestic violence can suffer long-term consequences such as anxiety, depression, post-traumatic stress disorder, and difficulty trusting people.

domestic assaultWhat If The Victim Sustains Injury?

If there is an injury involved in a domestic assault, the penalties through law enforcement and the courts often become more serious. If deliberate bodily harm is caused to another person, it usually falls under aggravated assault. Simple assault can still be charged if no weapon is used and no serious injuries result, but this is still a possible felony charge. If a firearm is involved or the victim suffers from lasting effects or permanent disfigurement, you are probably looking at a first-degree felony charge. Anything beyond visible welts or bruises could be considered a serious injury for some jurisdictions.

Assault Resulting In Bodily Harm

Assault causing bodily harm is a criminal offense in Canada. It is defined as causing bodily harm to another person with intent, recklessness, or negligence. Bodily harm can include physical injuries such as cuts and bruises and psychological injuries.

If you are convicted of assault causing bodily harm, you could face up to 18 years in prison. It is important to note that the Crown does not have to prove that you intended to cause serious injury; it is enough to show that you intended, recklessly or negligently, to cause some form of harm. Therefore, even if your actions did not result in any physical injuries, you could still be convicted of this offense.

Aggravated AssaultAggravated Assault

Aggravated assault is a serious crime that occurs when someone intentionally causes harm to another person. It is considered a violent act and can result in severe penalties, including jail time. Aggravated assault can be charged as a felony or a misdemeanor, depending on the severity of the injury inflicted and the type of weapon used. Depending on the state, aggravated assault may also be referred to as “aggravated battery” or “domestic violence.” 

Most jurisdictions require that the act have been committed with intent to cause serious bodily injury or with a deadly weapon. Simple assaults do not typically rise to the level of aggravated assault unless they result in serious bodily injury (e.g., gunshot). The penalties for aggravated assault vary depending on the severity of the crime and the state in which it was committed. Generally, however, aggravated assault is punishable by a prison sentence of 2-20 years, depending on the circumstances. In cases where the victim was killed or permanently disabled, the offender can be sentenced to life in prison.

What If A Weapon Is UsedWhat If A Weapon Is Used?

A weapon can be any form, from a knife or gun to a baseball bat or rock. In cases where an act of assault is committed with a weapon, anything can be classified as a weapon used or intended to cause injury or death to another person. The critical element under this section is that the accused must have had the weapon with the intent to use it to commit an assault. Simply carrying a weapon without intending to use it does not constitute an offense under this offense.

The prosecution for the offense of assault with a weapon will vary depending on the circumstances of the case. Generally speaking, if the victim sustains serious injuries from the attack, the accused can face up to 10 years in prison. If the victim is not seriously injured but still suffers some physical or psychological harm, the accused can face up to 5 years in prison. In cases where no injury is sustained, the maximum sentence imposed is 18 months in jail. However, it should be noted that these are full sentences and that actual penalties will rely on various factors, such as the severity of the attack and the accused’s criminal history.

Defending Against Domestic Violence Charges

It can be a very serious charge when someone is accused of domestic violence. In some cases, it can lead to jail time and a criminal record. Speaking with an experienced domestic violence lawyer right away is essential if you face a domestic violence charge. Your attorney will be able to advise you on the best way to proceed and may be able to get the charges against you reduced or dropped altogether.

An experienced domestic violence lawyer like Richard Federowicz can provide critical support and guidance throughout the legal process of defending domestic violence, from the initial filing of your case through to the resolution of the trial. He has a deep understanding of domestic violence law and is well-equipped to handle all aspects of your case, including helping you protect your safety and advocating for your rights in court.

Additionally, as an experienced lawyer, he will be able to provide valuable insights into how the legal system works and what you can expect at each stage of your case. This can be extremely helpful in ensuring that you make the best decisions for yourself and your family. Ultimately, having an experienced domestic lawyer on your side can mean the difference between a successful outcome and enduring further abuse.

A domestic assault charge can have a devastating effect on a relationship. If the charge is proven, it can lead to long-term damage to the relationship. In some cases, the accused may be ordered to leave home, and the couple may be required to attend counseling or other interventions. If the charge is dismissed, it can often be difficult for the couple to rebuild trust.

When domestic violence is involved, the legal system quickly heats up and aims its arrows at the accused. They are ordered to stay away even if they are in the lease or title of their own home. The Children’s Aid Society will also take part in the case if children are involved.

Assault Resulting In Bodily HarmDoes The Complainant Have Influence On Getting The Accused Arrested?

The government has ordered the police to charge anyone they think has committed a domestic crime. The wishes of the complainant against an individual are no longer considered when making these decisions because it is Mandatory Charging policy across Ontario!

The law is placed to ensure the safety of each and every citizen, so the system follows all the necessary protocols and bases the case on evidence and intent of Domestic Assault. The complainant cannot influence the fate or prosecution process of the accused just because he/she was a victim of assault.

Since the law, policy, and human emotion are involved in a domestic assault, it is crucial to hire skilled domestic violence lawyers to protect your rights, explain the law to you, and give you the best chance to avoid a conviction. Richard has handled cases like yours before and knows the ins and outs of the law. He is an experienced domestic assault lawyer who will be able to give you the best possible chance of success in your case.

Richard knows what works and what doesn’t when you’ve been handling domestic assault cases for a long time. He knows how to get results for your clients, whether getting the domestic charges dismissed or winning in court. And while results may vary from case to case, an experienced lawyer will know what to expect and how to build a strong case on your behalf. He will also be able to navigate the often-complex legal system with ease, making all the difference in getting a favorable outcome.

Whether you are facing a domestic violence charge or a complainant in the case, you can count on Richard for professional help. Schedule your appointment today!

domestic assault lawyer Toronto

Richard Fedorowicz – Domestic Assault Lawyer in Toronto

Being accused of domestic assault is an agonizing and overwhelming experience. Not only are you arrested by the police based on the mere say-so of your partner, you then face the trauma of being placed on restrictive bail conditions that keep you separated from your home and loved ones. 

When faced with domestic allegations, you need an experienced domestic assault lawyer on your side who knows the law, strategies, and tactics necessary to defend your rights.

Richard is the top domestic violence lawyer in Ontario. He has successfully defended clients charged with domestic assault from all walks of life since 2001, including persons arrested for the first time and professionals.

Richard can negotiate a resolution with the Crown that involves no criminal record or even a complete withdrawal of the charges in certain circumstances.

For bail, if necessary, make an application to the court to remove restrictive bail conditions.

Domestic assault is a severe crime that can have lasting consequences for the victim and the abuser. If you or someone you know is involved in this case, please don’t hesitate to contact Richard today.

What is an s.266 Domestic Assault?

An s.266 domestic assault is an assault that takes place between people who are in a domestic relationship, such as married couples, common-law partners, or any other type of intimate relationship. This can include physical assaults, sexual assaults, and even threats of violence.
Domestic assaults are taken very seriously by the legal system in Canada and can result in severe penalties for
the perpetrator. If you have been charged with an s.266 domestic assault, it is
essential to seek out experienced legal help as soon as possible to ensure that
your rights are protected.

How much experience does Richard Fedorowicz have defending domestic violence charges?

With over 20 years of experience, I have successfully represented individuals at all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, and the Ontario Court of Appeal. He helped clients get charges dismissed, negotiate favorable plea agreements, and obtain acquittals at trial. His experience and success in defending against domestic violence charges have earned him a reputation as one of Toronto’s top criminal defense lawyers.

How much will defending a domestic violence charge cost me?

It depends on the particulars of your case, but generally speaking, defending a domestic violence charge in Canada will cost you upwards of $10,000. This is because domestic violence cases tend to be very complex and time-consuming to litigate. In addition, the Crown Attorney’s office typically dedicates significant resources toward prosecuting domestic violence cases, so it is often an uphill battle for the accused to mount a successful defense.

What Makes Domestic Assault Charges Very Serious?

Charges for domestic assault can be very serious, as they often involve an attack against someone with whom the accused has a special relationship. Domestic assault charges can result in significant jail time, steep fines, and a criminal record. In addition, a conviction for domestic assault can have far-reaching consequences for the accused, including restrictions on his or her ability to own firearms or visit certain places.

Will You Involve the Victim Witness Assistance Program?

Victim Witness Assistance Programs (VWAPs) can be involved in domestic assault cases. While every case is different and the level of involvement may vary, VWAPs can provide support and assistance to victims of domestic violence throughout the criminal justice process. This can include help with filing for a protection order, securing housing or transportation, arranging for child care, and more. VWAPs can also help connect victims to community resources that can provide long-term support.

When do the Police Have Reasonable Grounds to Lay a Charge for Domestic Assault?

Under Canadian law, the police can lay a charge for domestic assault if they have reasonable grounds to believe that an offense has been committed. This means that they must have reason to suspect that one person has harmed or attempted to harm another person in a domestic relationship.

Will the Charges be dropped if the victim doesn’t show up in court?

The domestic assault charges may be dropped if the victim does not show up for the court proceedings. This typically occurs if the victim is unwilling to testify or cooperate with the prosecution. However, even if the victim does not testify, the prosecutor may still try to convict the defendant based on other evidence. If conviction looks likely, domestic assault defendants often plead guilty to a lesser charge to avoid a more serious sentence.

What Should I do if I Have Been Charged with a Domestic Assault?

If you have been charged with a domestic assault, you should immediately seek legal counsel. Domestic assault is a serious charge that can result in jail time and other penalties. The best way to protect your rights and interests is to speak with an experienced criminal defense attorney.

What Can be defined as a Domestic Relationship?

A domestic relationship is a relationship between two people who live in the same household. The term is most commonly used in reference to couples who are married or who are living together as partners. Domestic relationships can also include relationships between parents and children, siblings, and other family members.

What Happens When the Police Arrive After a Domestic Assault Call?

The police will usually arrive within minutes of a domestic assault call. Once they arrive, they will likely ask the victim what happened and if there are any weapons involved. They will also ask if the victim wants to press charges. If the victim presses charges, the police will arrest the offender and take them into custody. The offender will then be processed and held at the county jail until their arraignment hearing, typically occurring within 48 hours of their arrest. However, if the victim does not want to press charges, the police may still arrest the offender if they have probable cause to believe that a crime was committed. In either case, it is important to contact an experienced criminal defense attorney as soon as possible to protect your rights.

Will the Police Lay a Charge When an Allegation of Domestic Assault is Made?

If the police believe that an assault has occurred, they will lay a charge. The decision to lay a charge is based on many factors, including the severity of the alleged assault, the credibility of the victim and witnesses, and any available evidence.

What Should You do if You are not Allowed to Return Home or to see your Children?

If you are charged with domestic assault, the best thing to do is to contact a domestic violence lawyer immediately. This way, you can get the legal guidance you need to protect your rights and ensure that you are able to return home and see your children as soon as possible. In addition, an experienced attorney will be able to help you navigate the legal process, negotiate with prosecutors, and ultimately get the best outcome in your case.

What is a Written Revocable Consent?

A written revocable consent form is a legal document that can indicate a mutual understanding between two individuals regarding certain issues, namely domestic assault. This document can be used as proof that an individual consented to, or was aware of, an act of domestic violence should the situation ever go to court.

Can the Police Drop Charges if you Do Not want Your Spouse/Partner to get Charged?

No, the police cannot drop charges if you do not want your partner to be charged with domestic assault. Once the police have been called, and an investigation has begun, it is up to the prosecutor to decide whether or not to press charges. If there is evidence of domestic violence, the prosecutor will likely proceed with filing charges.

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Richard Fedorowicz is a Criminal Lawyer Serving Toronto, Brampton, Newmarket, Hamilton, and Oshawa