Are you or someone you know facing a domestic assault charge in Brampton, Ontario? A common question those charged have is how to get their charges dropped. It is important to note that every domestic assault case is unique, so it is in your best interest to obtain legal counsel from a domestic assault lawyer in Brampton, especially if you have been charged in that city.
While not easy, there are proactive measures the accused can take to improve their chances of having their charges dropped. Remember, only the best domestic assault lawyers in Brampton can accurately assess your chances of doing so. So, read this blog and get in touch with Brampton domestic assault lawyer Harpreet Saini for the best outcome.
To help defendants, he delves into this topic to provide valuable insights.
Let’s get started.
Brampton Domestic Assault Lawyer: Expert Advice on Getting Charges Dropped in Ontario
Here, experienced Brampton domestic assault lawyer Harpreet Saini discusses how to improve your chances of getting your domestic assault charges dropped in Ontario.
Understanding Domestic Assault
Under Canadian law, domestic assault is not very different from regular assault when it comes to the action itself; it is the relationship between the parties that qualifies it as domestic assault.
While there are common misconceptions that domestic assault means there was physical violence, this is not always the case. Another common misconception is that it can only happen in certain kinds of relationships. However, you should know that domestic assault incorporates a wide range of behaviours and can occur in any intimate relationship between partners living in the same house or even family members.
Getting Domestic Assault Charges Dropped in Ontario
In Canada, Crown Prosecutors are the only ones who can decide whether a domestic assault charge should be withdrawn or dropped. For instance, in cases where there is not enough evidence for a conviction, they may decide to drop the charges. They may also withdraw them if prosecution is not in the best interests of the public.
In some instances, the alleged victim may recant their original statement. This may happen for a wide range of reasons. For instance, if the victim was under the influence of drugs or alcohol when the incident took place, there is a chance they might have lied or exaggerated their claims. They may also recant their original statement if they have trouble remembering exactly what happened due to the trauma caused by the incident.
Then, there are cases where the complainant may be afraid or be forced to recant their statement. For these reasons, the prosecutor often interviews the victim and listens to their point of view regarding what happened. However, it is still up to the Crown Prosecutor to decide whether they want to withdraw the charges.
One of the most important factors that help Crown Prosecutors determine whether the charges should be dropped is the seriousness and severity of the allegations. When proceeding by indictment, the accused is given a formal notice signifying their belief that they committed the crime. In such instances, the Crown Attorney is generally less inclined to agree to withdraw the charges.
Entering a Peace Bond
While Crown Prosecutors in Ontario are often hesitant to withdraw domestic assault charges, they may be open to doing so if the accused enters into a peace bond as a part of the deal. A peace bond is a court order to keep the peace and be on good behaviour for a period of time. However, this is not a guarantee for every domestic assault case. In most instances, the Crown does not offer the peace bond to the defendant.
A domestic assault charge can also be withdrawn in the absence of a peace bond. This happens when there is no reasonable prospect of conviction, or, as mentioned, when it is not in the public interest for the Crown to proceed with the trial. In situations where the allegation is considered minor, the Crown often waives off the peace bond. Ontario domestic laws require the police to press charges against the alleged defendant. But, depending on what the victim says, the Crown can withdraw the charges without a peace bond.
The best way to ensure your charges are dropped is to be represented by a domestic assault lawyer in Brampton. They can meet the Crown Prosecutor and discuss why they should be withdrawn. Domestic assault laws in Ontario are complex, and each case is unique. So, it’s important to ensure your side of the story is presented correctly to the prosecutor by an experienced lawyer.