Assault Lawyers

 

At Gilbert Barristers & Solicitors we defend against allegations of Assault, Domestic Assault, Assault with a Weapon, Assault Causing Bodily Harm, Sexual Assault, Criminal Harassment and Uttering Treats where the offence is alleged to have happened between spouses, common law partners, families and/or friends. These types of charges are sometimes referred to as Domestic Violence Offences. 

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In addition to potentially getting jail time or having to pay a hefty fine, being convicted of this charge can reduce your ability to find employment, travel or engage in meaningful relationships. The help and guidance of an experienced legal team is crucial in order to properly defend against this charge and ensure you can get through this difficult time with the best outcome possible.

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Free Consultation 1-866-720-2245

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Assault & Domestic Assault

A very common criminal charge that many defence lawyers handle are Assaults and Domestic Assaults. Being charged with Domestic Assault can, and often does, disrupt families. Once charged, the accused may be detained in custody or is released, often with very stringent conditions that aim at restricting communication between the accused and the complainant, as well as prohibiting the accused from accessing the family home.

 

Finding a way to modify these conditions can prove to be immensely challenging without the help of experienced legal staff. Since Domestic Assaults take place within the family unit amongst partners, whether married or not, or other members of your family, the Crown Attorneys are specially trained to deal with these sensitive cases.

 

Furthermore, most Police Officers in Ontario tend to make arrests and lay charges when there is a complaint of assault or violence within the home. It is important to document the series of events or incident that led to your arrest so that you can have as fresh a recollection as possible of what had transpired. As time goes by, your account will become less detailed and clear. It is very important to have a legal team in your corner to mitigate the often-traumatic consequences of these types of charges and work with you to achieve the most satisfactory result, especially one that exonerates you or avoids having this charge land you a criminal record.

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Penalties

• Maximum punishment 5 years imprisonment on indictment.

• Maximum punishment of (6) six months imprisonment on summary conviction.

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What will happen after I am charged with a Domestic Assault?

After being charged with any criminal offence, you will need to appear in court for a first court appearance. Your first appearance is not a trial.

 

If you have retained a lawyer, your lawyer will have you sign a “designation of counsel”. This document gives the lawyer authority to appear on your behalf, so that you do not need to attend court at each appearance. At your first appearance, your lawyer will file the designation of counsel and request the initial disclosure. Your matter will be adjourned to a later date so that your lawyer can begin working on your case.

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What is The Partner Assault Response (PAR) program?

The PAR program is a 12-week court-mandated program for adults who have been charged with domestic violence and court ordered to attend the program.The program’s goal is to increase offenders’ understanding of domestic violence and abuse, and of non-violent ways to engage in healthy relationships, so that they are less likely to re-offend.

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There are Fifty-three accredited agencies offer PAR programs in Ontario, 10 of which are in the GTA. In Toronto, the John Howard Society of Toronto (JHST) PAR Referral team is responsible for completing clients’ intake at court, once the Crown Attorney has given them a list of people eligible for the program. The Referral team then meets with clients and completes an intake. The clients can then choose one of the available agencies based on their individual circumstances, such as work schedule, area of the city they live in and language and/or cultural needs.

PAR programs are offered in about 15 languages, and interpreters are available when needed. LGBTQ programming and other culturally specific services are also available.

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Note: Only court appointed PAR programs are recognized by the courts. In special circumstances, your counsel can request that you participate in an alternative program. Only a Crown Attorney could approve an alternative to the court appointed PAR program. It is important to speak to your lawyer before commencing an alternative to the court appointed PAR program, as it may not be recognized as an approved alternative.

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Free Consultation 1-866-720-2245

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Assault with a Weapon or Causing Bodily Harm

Assault with a Weapon is another serious charge with major ramifications on an individual’s life. Broadly defined as the use of force or threat therefore against another person without their consent, assault charges are more severe when a weapon is involved or threatened to be used. The term weapon is broadly defined under Canadian Law and can be extended to cover something like a gun or knife, or something less obvious like a towel or a lamp.

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Penalties

• Maximum punishment 10 years imprisonment on indictment.

• Maximum punishment (18) eighteen months imprisonment on summary conviction.

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Free Consultation 1-866-720-2245

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Criminal Harassment

Criminal Harassment charges can stem from repeatedly following from place to place; repeatedly communicating with, either directly or indirectly; besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or engaging in threatening conduct directed at the other person or any member of their family. Many Criminal Harassment charges are occur after the break down of a romantic relationship. 

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Penalties

• Maximum punishment 10 years imprisonment on indictment.

• Maximum punishment (18) eighteen months imprisonment on summary conviction.

 

Free Consultation 1-866-720-2245

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Uttering Threats

An offence of Uttering Threats is laid when the accused knowingly utters, conveys or causes any person to receive a threat to cause death or bodily harm to any person; to burn, destroy or damage real or personal property; or to kill, poison or injure an animal or bird that is the property of any person.

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Penalties

Threatening death or bodily harm

• Maximum punishment 5 years imprisonment on indictment.

• Maximum punishment (18) eighteen months imprisonment on summary conviction.

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Threatening against a persons property and animals

• Maximum punishment 2 years imprisonment on indictment.

• Maximum punishment 6 months imprisonment on summary conviction.

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Free Consultation 1-866-720-2245

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Sexual Assault 

Sexual Assault is a very serious criminal offence that can encompass any un-consensual touching or coercing of a person that violates their sexual integrity. It is one of the most severe charges a person can face; as such, being charged with sexual assault demands the knowledge and guidance of experienced lawyers who have dealt with these cases.

 

Penalties

• On indictment, the maximum punishment 10 years imprisonment, or if the complainant is under the age of 16, to a maximum punishment of 14 years imprisonment and a minimum of 1 year imprisonment. 

• On summary conviction, the Maximum punishment 18 months imprisonment on summary conviction, or if the complainant is under the age of 16, to a maximum punishment of 2 years imprisonment less a day and a minimum of  (6) six months imprisonment. 

 

The consequences of tackling this type of charge alone may prove to be catastrophic for the accused. Not having the proper legal defence team by your side can have tremendous impact your freedom, job prospects and ability to travel. In our recent social climate, with more and more complaints being made of sexual assault, it is crucial to have lawyers who are equipped to defend these harmful allegations. With everything that is at risk, it is paramount that the accused be represented by a legal team who will ensure their rights are adequately protected.

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Free Consultation 1-866-720-2245

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