The charge of domestic violence is a serious matter. It is a charge laid by the police after an investigation of an alleged assault that occurred within a family or domestic relationship circumstance. There are a number of possible criminal code charges which include assault, assault bodily harm, assault with a weapon, choking, sexual assault, uttering threats, and criminal harassment.
Experience in Domestic Violence Law
At Shim Law, we have extensive experience in assisting clients who face these charges. We will request disclosure of the crown’s file and if the client is in custody and we will seek Judicial Interim Release. There may be a requirement that the client post money or a promise to pay money if a breach occurs. Also, there is usually a no-go and no contact with the complainant. This does not mean, that there is a finding of guilt if the person agrees with the condition of release.
We will review the file with the client and provide advice on the best course of action which can include running the matter to trial or seeking an early resolution. This will require the lawyer advocating for the client with the prosecutor to seek the most reasonable possible resolution. If the matter goes to trial, the lawyer will review the trial strategy with the client and prepare the client for trial. There will be a number of live issues including reliability and credibility of witnesses, objectivity and thoroughness of police services. The test for the crown is beyond a reasonable doubt and a Shim Lawyer will hold the crown to that high standard.
Penalties and Common Defences for Domestic Violence
There are always possible resolutions before trial which include peace bond (either common law or statute prescribed). This is not a criminal record and is designed to create an environment in which the client is bound to keep the peace with respect to the complaint. this may affect access to dependent children.
If the client is convicted because of pleading guilty or after trial, a Shim Law lawyer will advocate for the least restrictive sentence. This may include such things such as house arrest, assessment and counselling, probation, or incarceration. We maintain the position that incarceration is a representation of deterrent principle. We will always try to mitigate the sentence by balancing other sentencing principles which include rehabilitation. If it is in the client’s interest, we will seek and file letters from community members, employers, religious leaders. Also, at a pre-sentence report we will review any victim impact statements we will ensure that they meet the high standard for admissibility and relevance.
Our over-riding goal is to ensure that the client receives a fair hearing and there is a balanced approach in the court system to ensure that the rights and interests of all persons is considered.
In situations where there are collateral consequences for immigration or citizenship applications, we will seek a discharge which affects the registration of a conviction. Also, a discharge is possible in other circumstances, and we will pursue that possibility with a client.
Also, suspended sentences can assist a client and we will seek that sentence with positive supporting circumstances.
Our Calgary Domestic Violence Lawyers Can Help
At Shim Law, our criminal lawyer William Wister has over 25 years of experience dealing with criminal law and has the knowledge and skills to assist you in any assault cases. Above are some of the solutions that may be used but to fully understand your case and give you the best result – please come see William Wister at a consultation as he will strategically outline your situation for you.
He has served as the Chief Crown Prosecutor and understands the mindset of how they think – with that, he will be able to present to you an array of different options that may be possible for your case.
If you have a domestic violence case or were confronted by the police, you should immediately contact William Wister to mitigate your accused crimes as soon as possible.