Domestic Assault Lawyer Toronto

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Facing Domestic Violence Charges? We’re here to help.
Explore our recent successful domestic assault defence cases:

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R. V. M.M. (TORONTO)

  • Allegations: M.M. faced serious charges of possession of a loaded firearm, possession of Fentanyl and heroin for the purpose of trafficking, as well as possession of proceeds of crime. If convicted, he was facing a jail sentence of 4-6 years. The police observed a male exit a residence, approach the driver’s side of the vehicle and engage in what they claimed was a “hand to hand” drug transaction. The police then followed the vehicle and arrested M.M. During the search incident to arrest; officers located a firearm and drugs inside a satchel M.M. was wearing.
  • Defence Strategy: Charter application failed to exclude the gun and drugs from evidence. Mr. Fedorowicz argued M.M. was arrested without just cause and thereafter engaged in unreasonable search, in violation of his client’s rights under sections 8 and 9 of the Charter of Rights and Freedoms.
  • Result: Charter application was successful. Gun and drugs excluded. M.M. was found not guilty of all charges.

R. v. Brennan (APPEAL)

  • Allegations: Police locate firearms and a large amount of drugs at the residence after the execution of a search warrant. The appellant was convicted after trial of Possession for the Purpose of Trafficking x 7, Possession Proceeds of Crime, and Possession of a Loaded Firearm and sentenced to over six years in jail.
  • Argument on Appeal: The trial Judge unfairly denied the Appellant the opportunity to proceed to trial after the denial of a Charter application to have the evidence excluded.
  • Appeal granted: The Court of Appeal ruled, “The trial judge wrongly held she had no jurisdiction to allow the appellant to resile from the undertaking to plead guilty. The appeal is allowed, the convictions are quashed, and a new trial is ordered.”

R. v. D.Z. (TORONTO)

  • Allegations: After execution of search warrant, police locate firearm and drugs. The client was charged with unlawful possession of a firearm and possession of a controlled substance for the purpose of trafficking. Facing a lengthy custodial sentence if convicted.
  • Defence Strategy: By thoroughly and methodically reviewing the evidence, including the affidavit filed by police in support of the search warrant, Mr. Fedorowicz established significant issues with the Crown’s ability to prove the case beyond a reasonable doubt.
  • Result: All charges were withdrawn by the prosecutor before trial.

R. v. M.O. (BARRIE)

  • Allegations: M.O. was charged with two counts of breaking and entering. Police alleged that M.O. broke into two residences in the middle of the night but ran off after being confronted by the home’s residents.
  • Defence Strategy: Mr. Fedorowicz undermined the reliability of the eyewitness evidence and police procedure: during the cross-examination of witnesses identifying inconsistencies in the description of the suspect; the inability of the main witness to provide any descriptors of the suspect during a police statement; and, the failure of the police to conduct a police line-up or collect security video from the residence.
  • Result: Client found not guilty after trial.

R. v. A.W. (BRAMPTON)

  • Allegations: While the client’s vehicle was pulled over at a R.I.D.E. check stop, police claim they smelled the odour of cannabis. Thereafter A.W. and the vehicle are searched, revealing several drugs. The client faced charges of possession of heroin and cocaine for the purpose of trafficking.
  • Defence Strategy: During pre-trial discussions with the Crown Attorney, Mr. Fedorowicz pointed to issues with the search of the vehicle and other evidentiary issues that undermined its case.
  • Result: Charges withdrawn by Crown before trial.

What is Domestic Assault?

To navigate the criminal justice system effectively, you must understand the legal definition of these domestic charges. Under section 265 of the Criminal Code, assault occurs when a person intentionally applies force to another individual, directly or indirectly, without their consent. Assault charges do not require actual physical harm. A threat or an attempt to apply force can also lead to a criminal offence.

Domestic assault refers specifically to assault allegations within a domestic context, typically involving an intimate partner, a current or former spouse, or a dating partner. The Crown Policy Manual dictates a rigorous prosecutorial approach for domestic violence cases. Crown Attorneys treat domestic assault cases distinctly from non domestic assault, applying strict guidelines directed by the Attorney General.

During a bail hearing, the court considers domestic allegations as aggravating factors, and release conditions are often severe. Furthermore, police policies enforce strict charging standards. Officers must lay criminal charges if they have reasonable grounds to believe a domestic assault or domestic abuse occurred, even if the person making the complaint does not want charges pressed and even if corroborating physical evidence is not immediately present.

Steps to Take After a Domestic Assault Arrest in Toronto

Being arrested and charged with domestic assault is a frightening experience with far reaching consequences. However, taking the correct steps immediately can protect your rights and improve your legal outcome.

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Step 1: Remain Calm and Compliant

During an arrest, you must remain calm. Do not argue with or resist the police. Compliance is critical when navigating the initial stages of the legal process.

Step 2: Do Not Contact the Alleged Victim

You must avoid reaching out to the alleged victim or any family member involved. Contacting the complainant can violate court orders, breach your bail conditions, and lead to additional criminal charges such as criminal harassment. In many domestic violence cases, you will face strict no-contact conditions or be required to sign a peace bond.

Step 3: Exercise Your Right to Legal Counsel

You should immediately contact a domestic assault lawyer in Toronto. An experienced domestic assault lawyer can provide vital legal support, guide your statements to the police, handle your bail hearing, and outline the necessary next steps for your criminal case.

Step 4: Understand Bail Conditions

The court will likely impose strict bail conditions upon your release. These rules often include no contact with the domestic partner, a curfew, and the mandatory surrender of firearms. Fully complying with these release conditions is essential while dealing with outstanding charges.

Step 5: Document Relevant Information

Keep a factual, written record of events, potential witnesses, and any respectful communication that occurred prior to the arrest. However, you must never alter or destroy other evidence. Give all documentation directly to your defence lawyer.

Step 6: Follow Legal Advice Carefully

Every domestic assault case is unique. You must closely follow the strategic guidance of your criminal defence lawyer regarding court appearances, handling evidence, and managing communications.

Do Not Contact the Alleged Victim

Reaching out to the complainant can result in immediate revocation of your release conditions and further criminal charges. Always rely on your legal team to handle any necessary communication to ensure you do not jeopardize your criminal case.

Defence Against Domestic Violence Charges

Accusations of domestic assault in Ontario trigger the “zero tolerance” policy, prioritizing their gravity. Police must press charges upon accusation, leading to stringent bail conditions, potentially including no-contact orders and compulsory court appearances. Severe cases may demand a bail hearing. Specialized Crown Attorney teams handle these cases, resulting in harsher penalties and stricter probation terms upon conviction. If you face such charges, consult with a domestic assault lawyer in Toronto for guidance and representation.

A skilled defence lawyer can successfully defend a domestic assault case by meticulously examining all available evidence, including witness testimony, medical records, and other documentation. Your domestic assault lawyer will gather evidence and develop a robust legal strategy tailored to your situation. This process may involve rigorous negotiation with Crown prosecutors to have the domestic violence charges dropped or reduced. Working with a criminal defence lawyer in Toronto who has comprehensive knowledge of domestic assault prosecutions is critical to finding the best possible defences.

Self-Defence

Self defence is a common strategy in domestic assault cases and other assault cases. If you reasonably believed that you were facing an imminent threat of physical harm from an intimate partner, a criminal lawyer can argue that your actions were a necessary and proportionate response to protect yourself.

Consent

In certain situations, a Toronto domestic assault lawyer may argue that the physical contact was consensual. While consent is a complex defence in domestic cases and sexual assault cases, proving that the force was mutually agreed upon can be a viable way of successfully defending the person accused.

No Assault

Your criminal defence lawyer may argue that no assault actually took place. This defence is particularly effective when facing false allegations or exaggerated domestic allegations. By presenting contradictory evidence, an assault lawyer can raise reasonable doubt about the events in question.

Lacking Injury

While physical harm is not required for an assault conviction, the complete absence of injury can sometimes be used by a domestic violence lawyer to challenge the credibility of the alleged victim or to demonstrate that the incident did not meet the threshold of a criminal offence.

Understanding Domestic Violence Laws

Assault, defined under section 265 of the Criminal Code, encompasses various assault allegations, including domestic assault charges. Generally, it involves the intentional application of force, directly or indirectly, without consent. Assault can also entail attempted or threatened force. Actions like hitting, kicking, punching, or pushing someone without consent may constitute an assault, with no injury required.

Domestic assault involves accusations between ‘intimate partners’—current or former spouses, common-law partners, or dating partners. Such cases differ significantly from other assault allegations, as they are prosecuted differently by the Crown Attorney’s office.

Toronto Domestic Assault Penalties

A conviction for domestic assault carries significant repercussions, including the possibility of a criminal record, fines, probation orders, and potential incarceration.

  • Conviction Consequences: Domestic assault convictions may lead to a criminal record, jail time, fines, and probation, particularly in injury cases.
  • Imprisonment Terms: Maximum jail sentences vary depending on the prosecution method, with summary conviction carrying up to 2 years less a day and indictment up to 5 years.
  • Sentence Severity: The harm to the complainant often influences the judge’s sentencing, which may include counselling or fines for less severe allegations or even a “discharge” with no criminal record.
  • Defence Options: Various defence strategies exist to contest domestic assault allegations, making it crucial to consult a lawyer before court proceedings.
  • Consequences Overview: Convictions can seriously impact employment, immigration status, travel, family, reputation, and freedom if jail time is imposed.

What Happens If You Are Charged With Domestic Assault?

When charged with domestic assault, a person is typically held in jail for a bail hearing. This hearing determines whether they can be released from custody, with or without supervision, and sets rules to follow until their court case concludes.

The police may detain the accused, even if they have no prior criminal history or are considered an outstanding citizen.Bail conditions are often stringent and can limit contact with the complainant, even if the complainant desires contact.

Additionally, the accused may be required to stay away from the family residence, regardless of legal ownership, if the complainant still resides there. These bail conditions usually remain in effect until the criminal charge is resolved unless modified by the judge or Crown Attorney.

Understanding Domestic Assault Case Outcomes

It is important to remember that not every domestic assault charge results in a criminal conviction. Domestic assault charges can lead to a variety of outcomes, depending on the evidence, the specific circumstances, and the legal strategy employed by your domestic assault lawyer.

  • Peace Bond: A peace bond is a court order requiring you to keep the peace and be of good behaviour for a set period. In many domestic assault cases, agreeing to a peace bond results in the criminal charges being withdrawn, meaning you avoid a criminal record. However, a police record or footprint will still exist, which can show up on certain background checks. Signing a peace bond is not always advisable, and you should seek legal advice from an experienced domestic assault lawyer before agreeing to one.
  • Withdrawn Charges: The Crown Attorney’s office may decide to drop the domestic violence charges if there is insufficient evidence to secure a conviction or if it is not in the public interest to proceed. Having your charges withdrawn means the criminal case ends without a trial, which is different from receiving a full acquittal from a judge.
  • Acquittal at Trial: If your case goes to trial, the justice system requires the Crown to prove your guilt beyond a reasonable doubt. An acquittal means you are found not guilty. Your defence lawyer can achieve this by highlighting a lack of evidence, exposing false allegations, or establishing self defence.
  • Conditional or Absolute Discharge: If you are found guilty or end up pleading guilty, the court may grant a conditional or absolute discharge instead of entering a formal criminal conviction. A discharge means you will not have a permanent criminal record, but it still carries legal consequences that can impact your employment, travel, and immigration status. You must strongly consult a Toronto domestic assault lawyer before ever accepting a plea deal.

Every criminal case is unique, and securing a favourable outcome requires careful navigation of the criminal justice system. Consulting with a dedicated domestic assault lawyer in Toronto is crucial for protecting your future and achieving the most favorable outcome possible.

Domestic Assault Lawyer: What Should You Look For?

When seeking a domestic assault lawyer, certain crucial factors can make all the difference in your legal representation. Here’s what you should look for:

  • Expertise In Domestic Assault: Ensure the lawyer specializes in domestic assault cases, possessing a deep understanding of the unique complexities involved.
  • Track Record Of Success: Investigate their past cases and successes, as a proven record can instill confidence in their ability to secure a favourable outcome.
  • Trial Experience: Assess their courtroom experience, as an attorney skilled in trial proceedings can better defend your rights in court if necessary.
  • Client Testimonials: Reviews and testimonials from previous clients provide valuable insights into the lawyer’s professionalism and effectiveness.

Frequently Asked Questions

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+ Can a Domestic Assault Charge Be Dropped?

+ Do You Need a Lawyer For a False Allegation?

+ How Can a Domestic Assault Lawyer Help?

+ Can a Victim Drop Domestic Assault Charges?

Richard Fedorowicz, Your Domestic Assault Lawyer In Toronto

Criminal defence demands excellence, and in Toronto, Richard Fedorowicz stands as a reputed domestic assault lawyer. With a proven track record and unwavering commitment to your defence, Richard Fedorowicz is your optimal choice for expert legal representation. His experience and dedication set him apart in navigating complex domestic assault cases.

  • Experience: With 20+ years of experience, Richard possesses in-depth knowledge of domestic violence laws and court procedures.
  • Track Record: Richard has a proven track record of achieving favourable outcomes for clients facing domestic assault charges.
  • Personalized Approach: Richard offers individualized attention, considering your case’s distinctive elements, and develops a customized defence strategy.
  • Strong Advocacy: Richard is a relentless advocate, fighting to protect your rights and best interests.
  • Compassionate Support: Richard offers empathetic support, recognizing the emotional toll of domestic assault cases and guides you through the legal process with care.

Strategies For Legal Defence Against Domestic Assault Allegations

Crafting a strong defence strategy is paramount when facing domestic assault charges, as the consequences of a conviction can be severe. At Fedorowicz Law, Richard develops effective defence strategies tailored to protect your rights.

  • Meticulous Evidence Analysis: Richard Fedorowicz leaves no stone unturned in his approach to domestic assault cases.
  • Challenging The Prosecution: Richard relentlessly challenges the prosecution’s case at every juncture.
  • Raising Reasonable Doubt: The cornerstone of an effective defence strategy is raising reasonable doubt. Richard’s objective is to create doubt in the minds of the judge and jury regarding your guilt.
  • Pursuing Acquittal Or Favorable Resolution: Richard Fedorowicz is committed to securing the best possible outcome for your case.
  • Vigorous Advocacy: With Richard as your advocate, you can trust that he will vigorously fight for your defence.

With Fedorowicz Law, you can trust that your domestic assault case is in capable hands. Contact us today for a confidential consultation.

Need A Strong Criminal Defence Lawyer? Get In Touch With Fedorowicz Criminal Law Today

Richard Fedorowicz is dedicated to protecting your rights and fighting for your freedom.
Fedorowicz Criminal Law has a proven track record of success in handling a wide range of
criminal charges and providing the best criminal defence legal services.

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