Protect Your Rights Following a Domestic Assault Charge

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Protect Your Rights Following a Domestic Assault
Charge
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• Assault involves physical attacks or hitting,
  physical threats of harm, unwanted physical
  contact, and physical contact of any sort without
  consent. Domestic assault involves committing a
  violent act against a, current or former spouse
  or sexual partner, or a family member., A violent
  act that isnt committed in self-defence or
  defence of property can have serious consequences

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• If youre accused of committing a violent act
  such as domestic assault, an experienced assault
  lawyer can help defend your rights and get your
  case settled favorably. There are, however, some
  facts you should know about domestic assault,
  including how an experienced defence lawyer can
  help you.

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• Domestic Assault Charges Can Carry Severe
  Consequences
• Domestic assault is a serious offence that
  carries severe penalties in some cases. Here are
  some basic guidelines for penalties in domestic
  assault convictions

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• A conditional sentence or house arrest
• A custodial sentence
• Fines
• Travel limitations
• A permanent criminal record
• Restrictive probation conditions
• long term no contact order with the victim

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• The type and severity of penalties rendered
  against a convicted individual depends on how the
  Crown proceeds. The Crown may proceed Summarily
  or By Way of Indictment, which is determined by
  the severity of the action and any prior similar
  offences. Furthermore, criminal proceedings
  against an individual accused of assault are may
  proceed even if the victim (or complainant) wants
  to drop the charges.

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• The Crown may proceed with your case even if the
  matter is settled between you and your spouse,
  family member, roommate, etc. Therefore,
  depending on how the Crown proceeds, you may be
  subject to certain penalties.

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• Penalties for Domestic Assault
• Once again, the possible penalties you may face
  in your domestic assault case will depend on how
  the Crown proceeds. Although the proceedings are
  different, the types of penalties for proceeding
  Summarily or By Way of Indictment are the
  same. The definitions for these types of
  proceedings and convictions

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• however, are different. In fact, they each have
  three distinctive characteristics. For example,
  summary proceedings and convictions 2) encompass
  the most minor offences in the Canadian Criminal
  Code, and 3) usually only carry penalties of six
  months of jail time, 5,000 in fines, or both. On
  the other hand, proceedings by indictment

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• 1) are more serious than summary offenses and
  involve harsher penalties, 2) involve the
  prosecution of accused individuals with a
  possible trial by jury, and 3) include penalties
  that range from a minimum sentence of absolute
  discharge to a maximum five-year custodial
  sentence. The possible conviction and penalties
  you face will depend on your lawyers experience.

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• If you choose any experienced assault lawyer
  Edmonton offers from Haryett Company, you can
  rest assured that we will fight so that you
  receive the best possible sentence. Our expertise
  and dedication to our clients maximize a
  favorable outcome.

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• How an Experienced Lawyer Can Help
• An experienced domestic assault lawyer can be
  there to make sure your rights are defended in
  court and. He/she will ensure relevant evidence
  is collected, proper witnesses are interviewed
  and presented, and pertinent motions, documents,
  etc.

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• are filed. Additionally, he/she will help to
  clear you of any false accusations and help
  protect you against law enforcement
  intimidation. Most importantly, he/she will have
  knowledge of assault laws and court procedures.
  This knowledge will help ensure you receive a
  fair trial and a lesser sentence. Lesser
  sentences could come in several forms, including

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• A conditional discharge without a criminal
  record
• A monetary fine
• An intermittent sentence, time served during
  weekends
• Conditional sentence with community service
• A suspended sentence with probation

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• In some cases, a peace bond agreement may be
  available. Lighter, first time offences can be
  eligible for a peace bond, which is an agreement
  between the defendant and Her Majesty to keep the
  peace and be of good behaviour.

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• Upon entry into such an agreement, the Crown will
  withdraw the criminal charges, absolve the
  accused of any guilt, and set forth certain
  conditions, such as doing no harm or having no
  contact with the complainant for the duration of
  bond (typically 6 to 12 months). At the
  prosecutors discretion, a domestic assault case
  can be settled with a peace bond.

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• If you've been charged with domestic assault,
  contact us right away. We will work to ensure
  your rights are protected!