DOMESTIC ASSAULT CHARGES IN REGINA, SASKATCHEWAN?

What is domestic assault?

Domestic assault is a type of assaultive crime that is committed against someone with whom you have a domestic relationship. Though it is not defined in the Criminal Code of Canada, it can be defined as an intentional application of force to a person without their consent under section 265 of the Criminal Code.

Domestic assaults are an aggravating factor – this means that the Crown and Courts treat domestic assaults with greater seriousness, because it is considered particularly egregious that an individual abuses their position of power in a domestic relationship and resorts to physical violence. 

What happens if the Complainant wishes to drop the charges?

In Canada, domestic assault cases are taken very seriously with zero tolerance. 

The police and the Crown take immediate action if anyone charges a domestic violence report against someone in his/her family. 

It does not matter whether the Complainant wishes to press charges or drop them if there is a reasonable prospect of conviction and if it is in the public interest to prosecute, the case will be prosecuted, and no one can stop. 

If someone calls 911, it is up to the Police and then the Crown to determine whether they should continue or not. 

The Complainant could recant their statement but it opens up the door for them to be charged themselves.

Consequences if found guilty:

Since domestic violence is a an aggravating consideration in relation to a common assault offence, if you are found guilty, you might face from a custodial sentence, especially if you had convictions in the past for violence. 

A professional domestic assault lawyer understands the possible consequences if you are found guilty, and they advocate on your behalf to bring out the best possible outcome for you. 

It is vital to hire a domestic assault lawyer:

Being charged with domestic assault is indeed stressful since the consequences are quite frightening. That is why taking professional help is a must if you have been charged for domestic violence. 

In fact – Regina Provincial Court has a special program for domestic assault cases, where upon completion you may receive no criminal record, or a more lenient sentence. Linh Pham regularly attends domestic violence court in Regina, Saskatchewan and has handled 100s of domestic assault cases. Only an experienced criminal lawyer knows how to negotiate with the Crown to minimize your sentences.

We at Regina Criminal Law understand the severity of domestic assaults and strive hard to mitigate your punishment by doing every possible thing we can do for you. We

• Help you understand the complicated criminal justice system and the consequences of domestic assault.
• Negotiate with the Crown on your behalf and advise you of your options if you plead guilty.
• Create a strong defence by assessing all the evidence against you so that the charges are withdrawn, or you are acquitted
• Ensure that the Crown meets its disclosure obligations.
• Gather evidence to support your version of the events and question the complainant's reliability and credibility.

It is undeniable that all criminal cases are complex and fact-specific, especially when it is a case of domestic assault. 

If you want us to handle your criminal case efficiently, get in touch with us today.

Linh Pham, LL.B (hons) |  (306) 502-5987.