In defending domestic assault charges people ask what will be the outcome? Although we cannot predict any court case usually we see one of these three outcomes for domestic incidents:
- the charges are withdrawn due to legal technicalities
- an agreement such as diversion, probation or peace bond is arranged with no criminal record or going to trial
- the case goes to trial
Although the courts and crown attorneys have a strict policy on domestic assaults, they do have some discretion as to how to proceed with the charges. When the crown attorney reviews the a case of domestic assault they looking at:
- was the assault minor or serious in nature.
- is there any history of previous domestic assaults, or police involvement.
- what is the background of the accused, are they working, position in the community and what is their reputation.
- what has the accused done since the assault, e.g. alcohol or anger management counselling.
- what are the wishes of the victim, e.g. does the victim want the accused back in the family?
As your lawyer we consider your position, as to do you want to resolve the matter or is this a case where you have been wrongly accused and the matter should be withdrawn or proceed to trial?
As with many criminal charges experience counts, knowing the people involved, the officers, crown attorney’s and judges is important to the ultimate results for domestic assault charges. Different crown attorneys and judges are more open minded to resolutions and withdrawals than others and as experienced lawyers we understand these issues.
Showing to the crown attorney that the situation that the victim and accused wish to reconcile will be an important factor to the crown. The crown attorney will be looking to see is there a risk of further domestic assault.
As a domestic assault lawyers our job is to show the crown attorney and court that the incident was:
- an isolated incident
- that it was totally out of character for the accused and
- that the situation will not repeat itself and
- have the charges dropped.
As well the courts will want us to make the accused aware of the serious nature of these charges. Where you have been charged, call our offices to speak to a lawyer today.