Domestic assault charges in Ontario carry significant consequences, even if the incident involved minimal physical contact. Understanding why charges might be dropped and taking specific steps can increase your chances of a favorable outcome. Here’s a closer look at the factors involved and how to proceed.
According to Statistics Canada, there were 114,132 victims of intimate partner violence reported in 2021, marking the seventh consecutive year of increase in this type of violence. In Ontario alone , there were 30,185 reported victims, a 4% increase over 2018.
These statistics highlight the growing issue of intimate partner violence in Canada and the government’s ongoing efforts to address it. Police typically do not hesitate to arrest individuals involved in domestic assault incidents, and the Crown takes a firm stance in prosecuting these charges. Judges may also treat domestic nature as an aggravating factor, leading to harsher penalties compared to non-domestic assaults.
Despite this, Jeff Mass of Mass Tsang law notes, " Not all cases of domestic assault will result in a conviction. A strong defense strategy, including the presentation of mitigating factors, can help get charges dropped. "
While Canada’s Criminal Code does not specifically define "domestic assault," the courts characterize it as domestic based on the relationship between the parties involved.
According to Section 265, assault is defined as:
The maximum penalty for a conviction under Section 265 is 5 years for indictable offenses or 2 years for a summary conviction. However, the penalties can be more severe for offenses like assault with a weapon or aggravated assault.
What factors influence the Crown's decision to drop domestic assault charges in Ontario?
The Crown may drop domestic assault charges in Ontario if the evidence is weak, the accused is a first-time offender, no harm occurred, or prosecuting is not in the public interest. Engaging a skilled defense lawyer can improve chances of a favorable outcome.
The Crown may drop domestic assault charges for two main reasons:
Robbie Tsang adds, " If the Crown believes that a domestic assault was an isolated incident with no significant harm, it might reconsider its position on prosecution. "
Even if the alleged victim requests that the charges be dropped, the Crown prosecutor retains the authority to decide whether to proceed with the case. However, a victim’s request often weakens the Crown's case.
| Reason for Dropping Charges | Impact on Case |
|---|---|
| Insufficient Evidence | Charges may be dropped |
| Not in the Public Interest | Charges may be withdrawn |
| Victim’s Request | Weakens the Crown's case |
Even in cases where the Crown has sufficient evidence to prosecute, there are actions defendants can take to encourage the charges to be dropped or result in a more favorable outcome:
Jeff Mass advises, " The earlier you start engaging in positive actions like counseling, the better your chances of achieving a favorable outcome. A skilled defense lawyer will present these efforts effectively to the Crown. "
| Action | Outcome |
|---|---|
| Anger Management Counseling | Demonstrates commitment to change |
| Rehabilitation Program | Shows willingness to address root causes |
| Remorse and Apology | May help in plea negotiations |
| Peace Bond | Signals a resolution of the relationship |
| Arguing Trivial Nature of Offense | Helps reduce charges in plea bargaining |
A skilled domestic assault defense lawyer plays a critical role in advocating for dropped charges or favorable plea deals. A lawyer can advise the Crown of the evidence’s weaknesses, challenge the case’s viability, and help negotiate a reduced sentence or dismissal.
A defense lawyer will also protect the defendant's rights, ensuring the prosecution follows proper procedures. If the Crown fails to do so, the case could be dismissed, or evidence may be excluded from the trial.
Robbie Tsang highlights, " A good defense lawyer understands the ins and outs of domestic assault charges and knows how to mitigate consequences effectively. "
Even when facing domestic assault charges, there are several potential outcomes:
| Potential Outcome | Description |
|---|---|
| Withdrawn Charges | Charges dropped due to lack of evidence |
| Dismissed Charges | Charges dismissed by the judge |
| Reduced Charges | Plea deal for a lesser charge |
| Acquittal | Found not guilty |
| Conviction | Guilty verdict, penalties apply |
Mass Tsang has decades of experience defending clients against domestic assault charges in Ontario. Our team has a proven track record of achieving favorable outcomes for clients, whether through dropped charges, favorable plea deals, or trial acquittals.
If you or a loved one is facing domestic assault charges, contact Mass Tsang today for a free consultation. With our expertise, you can take the first step toward securing a positive resolution for your case.
