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Toronto Assault Charges Lawyer

Lawyer for domestic charges of assault, threats and mischief.

We focus on defending domestic assault, uttering threats, and mischief charges under the Criminal Code of Canada.

We provide effective and affordable lawyer representation for those charged with assault, utter threats, or mischief resulting from minor domestic disputes in the Greater Toronto Area. Our goal is to negotiate and reach a resolution with the Crown Attorney (prosecutor) that allows our accused clients to:
  1. Have their release conditions (bail or undertaking) varied allowing them to communicate and live with their domestic partner again, and;

  2. Avoid a criminal record through a withdrawal of the charges, or in some cases an absolute or conditional discharge.
Ontario’s zero tolerance domestic violence policies have led to devastating criminal charges for extremely minor assaults, threats, and property damage accusations (mischief).

In 2013, police in Toronto (including the GTA) no longer have any discretion at the doorsteps of domestic violence related 911 calls. They are required to charge one or both parties if any statements are made that could support a conviction at trial regardless of how minor the circumstances may be.

Criminal charges not only put the accused at risk of getting criminal record (along with penalties of jail, job loss, and travel problems), it also results in an automatic no contact undertaking or bail release condition that forces the accused to immediately:
  1. Move out of the house, and

  2. Have no communication, either directly or indirectly, with their spouse, wife/husband, or partner.

Punishments and consequences associated with domestic assault, utter threats or mischief convictions

If the accused is ultimately found or pleads guilty to domestic criminal charges, they potentially face severe consequences, including:
  1. job/employment and future career losses of opportunity
  2. court orders preventing contact with their spouse (or going home) for years
  3. fines
  4. probation
  5. being sent to jail or a federal penitentiary
  6. being subject to house arrest (conditional sentence)
  7. denials of immigration, permanent residence, and citizenship applications
  8. being deemed unqualified for membership into certain professional societies and designations due to behaviour that is considered "conduct unbecoming"
  9. being refused careers in law enforcement in the future such as policing, customs, and more
  10. being put on conditions that require them not to consume alcohol, go to certain places, and force them to abide by other restrictive conditions
  11. being refused the ability to travel to the United States, the UK, Australia, the European Union, and other countries/regions
  12. living with the social stigma and label of a criminal record and conviction
  13. the possibility of their conviction and case being reported publicly in the media
  14. having their arrest information being stored and shared by the RCMP with US customs and other law enforcement agencies
  15. having the arrest information automatically show up on vulnerable sector checks, police information checks and other background records screenings in the future (regardless of the disposition or result or their case).

The accusation or alleged crime is often extremely minor in domestic cases

Many domestic charges in Ontario result from one partner telling the police the other partner made contact with them, said something to them, or damaged their (or matrimonial) property in a relatively minor way. Domestic charges of assault, utter threats, and mischief, often result from relatively minor circumstances, such as:
  1. a push or shove
  2. hair pulling
  3. a slap to the face or other area
  4. grabbing or twisting an arm
  5. a punch or swipe to a leg, arm, or other non threatening area
  6. participating in a scuffle
  7. uttering a threatening remark
  8. threatening to damage property of the complainant or matrimonial property
  9. physically breaking a door, window, phone, remote control, or damaging other property in anger
  10. choking: attempts to choke, suffocate or strangle (s. 246) - this is often a more serious charge
These incidents, while regrettable, often result in no injuries whatsoever. They arise from situations of intoxication, flared emotions, or other temporary lapses in judgment. The victim calls 911 hoping the police will help resolve the dispute or mediate the situation without knowing the extreme consequences the relationship will face for years to come.

While it is easy to have someone charged with a domestic offence, getting the charges dropped is far more difficult and time consuming. Fortunately, in relatively minor cases where the victim is agreeable, it is often possible to persuade the Crown Attorney’s office to vary the release conditions to allow contact and resolve the case without a criminal conviction and a criminal record.

If it is possible to vary your release conditions and get your charges dropped, we will make it happen.

You need to be represented by a lawyer who knows which Crown Attorneys are generally agreeable to vary release conditions and drop charge and what specific things the victim and the accused need to do to make it happen. Our lawyer, who has acted as defence counsel in over 750 cases resulting in non-convictions, is extremely familiar with every Crown Attorney's offices all GTA courthouses.

Is it possible for any domestic case to be dropped by the Crown and the release conditions varied to allow contact again?

Of course not. Some cases are too serious for the Crown to consider such deals unless there is no realistic prospect of conviction whatsoever. In cases that involve a weapon, a lengthy history of alleged abuse, prior records, substantial injuries, or other aggravating factors, such deals are far more difficult (or impossible) to make.

While every case is different, we are normally able to give you a realistic assessment over the phone at 647-228-5969.

In minor cases where the "victim" or complainant wants contact again, going to trial should be a last resort (not an initial reaction).

When the case is relatively minor and the “victim” wants to regain contact, going to trial is often a foolish and unnecessary move.

It is not always in the best interest of the accused to be apart from their family for a year while they await a trial if it is possible to reach a quick deal that allows the release conditions to be varied to allow contact and the charges eventually dropped. Furthermore, going to trial carries the risk of losing and being found guilty (possibly resulting in a criminal record and jail).

We take a pragmatic approach to every one of our domestic cases. It is often in our clients’ best interest to avoid extremely expensive, risky, and time consuming criminal litigation. Our clients hire us because they want to do everything possible to obtain a resolution that guarantees them no criminal record and allows them to regain contact with their partner immediately. When we are retained, this is our primary focus from day one.

Call us today for a free assessment

If you have been encouraged to take a case to trial when the facts are relatively minor (no weapon used or significant injury) and the "victim" is on your side, call us today for a second opinion. Often these types of charges can be withdrawn and the release conditions varied to allow contact without a risky and unnecessary trial.

You don't need to be apart from your spouse and family, spend tens of thousands of dollars, and risk getting a criminal record because of an unfortunate domestic incident. We charge a flat fee of $4000.00 +hst for most cases that we are able to resolve without a trial.


   call us: 647-228-5969

   contact@torontoassaultlawyer.ca


    call us: 647-228-5969

    contact@torontoassaultlawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Upper Canada. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

We cannot assist alleged victims. If you are the alleged victim/complainant (not the person charged), please contact your local Victims Services office for assistance. It is the accused that needs to contact us, not you.

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a domestic assault/threats/mischief related case and are looking for expert advice regarding possible defences and case strategies, call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

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  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprint and records destruction
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel