What Punishments Await Domestic Violence Charges in Canada?
Calvin Barry
Criminal Lawyer at Calvin Barry Professional Corporation, Criminal Lawyers
Domestic violence and assault are taken with a zero-tolerance policy in Canada. The punishments are usually more serious than other forms of assault and the prosecutor is often stricter because the victim and perpetrator usually live together and one wrong move may mean increased violence towards the victim. This is also the reason why domestic assault can mean up to 5 years in jail and why it is very difficult to get charges dropped even with an experienced criminal defence lawyer.
Do Non-Custodial Punishment Exist for Those Charged with Domestic Violence in Canada?
For individuals who are first-time offenders in a minor assault case, it is possible to get a sentence that does not involve a criminal record or jail time with the help of a seasoned criminal lawyer. This usually come with participation in domestic violence programs offered at the discretion of the prosecutor. When completed successfully, it may be possible to have your domestic violence lawyer negotiate a withdrawal of charges along with other stipulations such as attending counseling and paying fines. This outcome can be very challenging to achieve as domestic violence charges are treated with a higher degree of seriousness by courts and the prosecutor. If charged with domestic violence, you’ll truly need an ally who can represent you legally and will be able to find ways to achieve a more favourable outcome for you.
Avoid a Criminal Record
Note that not everyone will be given a chance by the prosecutor to complete domestic violence programs without having to serve jail time or having a criminal record. It is best to hire a criminal defence lawyer to ensure that all appropriate legal actions are considered for the best outcome for the charge. If you’re looking for a domestic violence lawyer in Toronto, be sure to contact Calvin Barry.
Thanks for Sharing Calvin Barry, indeed domestic violence is even more of a relevant concern with COVID-19 since abusers are forced to spend more time with their abusers.