Your Guide to Locating a Domestic Assault Lawyer in Toronto
When it comes to facing criminal charges, having an experienced and skilled criminal defense lawyer is crucial for navigating the legal system and securing the best possible outcome. Whether you’re dealing with minor offenses or serious criminal charges, a Domestic assault lawyer in Toronto can provide representation necessary to defend your rights.
We specialize in providing top-notch legal services for individuals facing criminal charges in Toronto, including Domestic Assault charges.
Introduction to Domestic Assault Charges
Have you been charged with a Domestic Assault or Domestic Violence related offence? Your search for a Domestic Assault Lawyer begins here!
Unfortunately, Domestic Assault and Domestic Violence in Toronto, as well as Canada-wide, is common place. So common place that many Canadian cities, including Toronto (as of July 2023), have declared intimate partner violence an epidemic. With this this declaration, one can expect an increased “crime-control” approach to these charges, including:
- Stiffer penalties in court
- More limits on police discretion in investigating Domestic Violence accusations
- More individuals held in custody and denied bail
Andrew Captan is an experienced Domestic Violence Lawyer in Toronto. Through his experience both with Domestic Violence cases and working along side other Domestic Assault Lawyers, he can provide you with “insider” information about how to narrow down your search for a lawyer to help you with your Domestic Violence case, and how to locate the best one, or the best fit, for you.
Finding the Best Domestic Assault Lawyer in Toronto for you may seem like a daunting task, especially if you’ve never been charged with a domestic violence offence before. Domestic Violence offences, and Domestic Charges in general, encompass a wide range of criminal charges, such as:
- Assault simplicitor
- Assault with weapon
- Assault causing bodily harm
- Assault by choking
- Aggravated Assault
- Criminal Harassment
- Mischief to Property
- Sexual Assault
While there is no particular offence in the Criminal Code of Canada called “Domestic Violence”, an offence, such as one of the above mentioned ones, becomes “domestic” once it’s committed within the confines of a domestic or intimate relationship. Some examples of a domestic or intimate relationship include:
- Husband and wife
- Common law partners
- Boyfriend and girlfriend
- Ex partners or lovers
- Co-parents
- Primary family members (parent and child)
Real World Examples of Domestic Violence Cases
The following are all real world examples of Domestic Violence cases and their respective outcomes:
- R. v. Singh, 2014 ONSC 2289 – The accused was found guilty of assault for slapping his wife and threatening to kill her and was sentenced to a conditional discharge.
- R. v. Brown, 2005 CanLII 24762 – The court imposed an absolute discharge on a finding of guilt where the accused was found to have pushed his estranged wife
- R. v. Vassell, 2016 ONSC 1973 – Accused pleaded guilty to an assault on his former girlfriend. After breaking up, the accused approached victim at shopping mall where they argued. That argument became physical and accused assaulted victim, then fled. The accused had a previous youth and adult record. A Suspended Sentence & Probation was imposed
- R. v. Milne, 2016 ONCJ 526- After an argument occurred, the victim raised her hand to slap the accused and the accused kicked her legs out from under her, grabbed her by neck, and assaulted her on ground. During a struggle, the accused struck victim with door, punched her, choked her and bent her cell phone, rendering it inoperable The accused was sentenced to a Conditional Sentence of Imprisonment
A Toronto Domestic Assault Lawyer can assist with representation to ensure that, if you are sentenced, it will be as favourable of an outocme as possible to you.
In this article, I outline some of the steps you can take to locate the Best Domestic Assault Lawyer in Toronto for you. Note that everyone is different, and people have their own personal preferences, priorities and goals, so this list is meant to assist on a general level. Do your own due diligence when searching for a Toronto Domestic Assault Lawyer.
So, you’ve been charged and either released on bail or an undertaking to a police officer, and know exactly what you’ve been charged with. The paperwork you receive may be confusion and you require clarification on it. This is the most common point at which individuals begin their search for a Toronto Domestic Assault Lawyer, although it is possible the search begins earlier when the police have reached out to an individual asking them to turn themselves in.
Why You Need a Domestic assault lawyer in Toronto
Having a Domestic assault lawyer in Toronto by your side can drastically increase your chances of a favorable outcome in your case. Domestic Assault Lawyers play a vital role in ensuring that your rights are upheld throughout the legal proceedings. A Domestic Assault Lawyer in Toronto will:
Evaluate the Case
Ensure Legal Compliance with Court Procedure
Provide a Strategic Defense:
Negotiate Resolutions
Represent You in Court
A Domestic assault lawyer in Toronto provides professional, tailored legal services designed to protect your interests and provide you with peace of mind during challenging times. Now, what are the steps to take in looking for a Domestic Violence Lawyer?
Step 1 – Create a list of Domestic Assault Lawyers in Toronto
While many Criminal Lawyers in Toronto practice in Domestic Assault and Domestic Violence cases, it is possible that some do not, or generally shy away from them. A good starting point is to narrow down your search in Google to certain keywords that target Domestic Violence Lawyers, such as:
- Toronto Domestic Assault Lawyer
- Domestic Assault Lawyer Toronto
- Best Domestic Assault Lawyer in Toronto
- Best Domestic Violence Lawyer Toronto
- Domestic Violence Lawyer Toronto
Make a list of some Criminal Lawyers who stand out on your initial search – whether it be the size of their firm, the quality of their website or the nature of the information they present surrounding Domestic Assault Cases. It will be an impossible task to review every single Criminal Law Firm that pops up on your search, so it would make sense to jot down a total of 10 Criminal Lawyers or Firms.
Here, it’s worthy to note that, in conducting online searches in attempt to find the Best Domestic Assault Lawyer in Toronto for you, you will find websites that create “top 3”, “top 5” or “top 10” lists for Toronto Criminal Lawyers, suggesting that the number one on that list would be the “top” (or best) Toronto Criminal Lawyer to hire. Be careful as to how you rely on these lists, as I have written about in an article that can be found HERE.
Step 2 – Create a Short List of Preferred Lawyers
At this stage, it makes sense to make a short list of Toronto Domestic Violence Lawyers who meet certain important criteria, such as:
- Their office being within travel distance to you, in case you need to meet in person
- They have a web presence that suggests they are respected in the profession (for example, you can review whether they have a Google My Business page and what their reviews are like)
- They have strong and positive feedback from clients who have provided reviews (note that not all good quality criminal lawyers may have a large number of reviews online and, similarly, not all lawyers who have a high number of positive reviews may be good quality lawyers!)
- The information associated with the Criminal Lawyer or Firm suggests they have in depth experience in Domestic Assault cases
Narrow down the first list of 10 Criminal Lawyers to approximately 5 by navigating these types of factors. Your search has to continue and the harder part begins after Step 2 – but be patient
Step 3 – Schedule a Consultation
The further you proceed down the list of suggested steps, the more important each step becomes.
The next step would be to schedule a consultation with the Domestic Violence Lawyers you made a short list of. I would suggest calling each Criminal Lawyer or Firm on your short list and asking if a consultation can be scheduled. Note that some Criminal Lawyers in Toronto charge for case consultations and others don’t. You may have a preference here, or you may not, but make sure to clarify whether the consultation is free so you don’t receive a bill afterwards while not expecting one.
Step 4: Questions to Ask During Consultation
Google reviews, other online reviews and the lawyer’s overall online presence, are important factors to look at when screening lawyers. But there are many other factors that are less obvious that you should inquire about. Quick tip – before you start the consultation, I would recommend having a written list of questions and inquiries you have so you don’t forget to ask something. The lawyer’s time might be limited and it’s best to make things as efficient as possible for both you and the Criminal Lawyer involved. In addition to your own personal list of questions, I would consider asking the lawyer about the following in order to narrow down your search for the Best Domestic Assault Lawyer for You:
- Find out which lawyer will be working on your case specifically
- What experience level the lawyer has
- How the lawyer can assist with changing your release conditions around (if any changes are important to you)
- Look out for red flags
Step 5: Lawyer Fees in Domestic Assault Cases
The final important aspect of locating the best domestic assault lawyer in Toronto for you is determining which fee structure fits your needs. Lawyers may bill for their work in different ways, and there is no “standard” fee for a Domestic Assault Charge in Toronto. You should make inquiries with the lawyer about their fee structure, including:
- Whether they bill hourly or on a “block fee” (or flat fee) basis;
- What their hourly rate is;
- What their block fee rate is;
- Whether there will be any potential “hidden” fees or potential surprises as far as costs go;
- Whether there may be costs other than fees, such as disbursements (a disbursement is an expense a lawyer may incur in a case that is typically paid out by the client)
You can make inquiries about what the lawyer’s retainer is, and whether you will be able to pay that amount up front. Moreover, you can ask about whether the lawyer offers interest-free payment plans, which may assist individuals who can pay the ultimate amount agreed on but in a longer time frame.
Steps after Being Charged with a Domestic Assault in Toronto
A summary of the process following a domestic assault charge in Toronto can be laid out as follows:
1. Initial Consultation
The process begins with an initial meeting where we gather information about the charges and discuss your options. A Domestic assault lawyer in Toronto will explain the legal process, answer your questions, and begin formulating a defense strategy.
2. Investigation and Evidence Gathering
Once we understand the details of your case, our team of Domestic assault lawyers in Toronto will conduct a thorough investigation. This may include gathering evidence, interviewing witnesses, reviewing police reports, and challenging the evidence presented by the prosecution.
3. The Court Process
The next step is the court process, which can take months to complete. During this phase, your lawyer may negotiate with the prosecution for a plea deal, reducing the charges or penalties. Alternatively, the case may go to tial.
4. Trial
If your case goes to trial, our team of Domestic assault lawyers in Toronto will represent you in court, presenting a solid defense and challenging the evidence presented by the prosecution. Our goal is to ensure that your rights are protected and that you receive a fair trial.
An Overview of the Domestic Criminal Court Process in Ontario
The criminal court process in Ontario involves several distinct steps, beginning with the commission of a criminal offence and culminating in the trial and sentencing phases.
- The Charge: The process starts with the commission of a criminal offence, which is an act prohibited under the Criminal Code. Following this, the accused is charged and brought before the court
- The Release: The accused will either be held for a bail hearing or released on conditions by the police
- The First Appearance: The initial court appearance, along with the initial set of them, are administrative. There is no plea or trial. Updates on case progress occur at these appearances
- The Disclosure: Either before, at or shortly after the first appearance, the Crown should provide disclosure, which is the evidence against the accused persn
- The Crown Pre-trial: This meeting happens after a first appearance, and involves a negotiation between the defence and the Crown
- The Resolution: This may involve the charges being withdrawn or a guilty plea occurring
- The Trial: If the case cannot be resolved, a trial would be set
If the accused is found guilty, the court moves to the sentencing phase, where the judge imposes a penalty based on the severity of the offence and other relevant factors Ramirez Vasquez v. Canada (Minister of Public Safety and Emergency Preparedness), [2022] I.A.D.D. No. 786, R. v. Kokopenace, [2015] 2 S.C.R. 398.
Throughout the process, there may be various pre-trial motions and hearings to address legal issues, manage the case, and ensure a fair trial. These steps are designed to streamline the process, ensure proper disclosure, and address any procedural matters that arise.
In summary, the criminal court process in Ontario is a structured sequence of steps designed to ensure justice is served, from the initial charge to the final sentencing Ramirez Vasquez v. Canada (Minister of Public Safety and Emergency Preparedness), [2022] I.A.D.D. No. 786, R. v. Kokopenace, [2015] 2 S.C.R. 398, Actions: Basic Steps (ON).
A Domestic Assault Lawyer in Toronto can guide you through the often complicated Criminal Court Process.
Sentencing in Domestic Common Assault Cases
Common assault, under s. 266 of the Criminal Code of Canada, is the most common type of Domestic related charge laid by police.
The sentencing range for simple assault cases in Canada varies significantly depending on the circumstances of the offence and the offender’s history. Generally, the range for simple assault can be from a conditional discharge to several months of imprisonment.
In the case of R. v. Deacon, the Ontario Court of Appeal noted that a sentence of one to two years is generally appropriate for a conviction for common assault when committed against a spouse or domestic partner in the context of a lengthy pattern of domestic abuse. This indicates that the upper end of the sentencing range can be quite severe in cases involving repeated domestic violence R. v. Deacon, [2018] O.J. No. 241.
For first-time offenders who plead guilty and have made efforts at rehabilitation, the sentencing range can be much lower. In such cases, a range of 90 days’ intermittent to 18 months’ imprisonment is considered appropriate.
It is important to note that the specific circumstances of each case, including the nature of the assault and the offender’s criminal record, play a significant role in determining the appropriate sentence within this range R. v. Deacon, [2018] O.J. No. 241. Therefore, while there is a general range, the actual sentence can vary widely based on the details of the case.
A Domestic Assault Lawyer in Toronto can advise you on the sentencing range for Domestic Common Assault cases.
Potential Defences to Domestic Assault Charges in Toronto
Potential defences to domestic assault cases in Canada can vary depending on the circumstances of each case. Some of the common defences include self-defence, defence of property, consent, and the de minimis principle.
Self-defence is a significant defence in domestic assault cases. According to Section 34 of the Criminal Code, a person who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force used is not intended to cause death or grievous bodily harm and is no more than necessary to defend oneself. This defence is also applicable if the person causes death or grievous bodily harm under reasonable apprehension of death or grievous bodily harm from the assailant.
The de minimis principle can also be applied in domestic assault cases. This principle suggests that the law does not concern itself with trivial matters. For instance, in the case of R. v. Feliciano, the court applied the de minimis principle to exempt the defendant from liability for a minor domestic assault offence, considering the context of the conduct to be sufficiently trifling R. v. Feliciano, [2019] O.J. No. 2176, R. v. North Bay (City) Police Service, [2015] O.J. No. 6992.
Another potential defence is the argument of consent, although it is limited in scope. Consent may not be a valid defence in cases where the assault has the potential to cause severe bodily injury, as established in R. v. Shand R. v. S.A.W., [2002] N.S.J. No. 533.
Additionally, the defence of provocation can sometimes be used to mitigate the severity of the charges or the sentence. However, this defence is controversial and its application is often criticized for implicitly condoning violence.
In summary, the potential defences to domestic assault cases in Canada include self-defence, the de minimis principle, consent, and provocation, each with its own limitations and applicability depending on the specific facts of the case.
Contact Us Today
If you’re facing criminal charges, don’t wait. Contact Andrew Captan today to schedule a consultation with a skilled Domestic assault lawyer in Toronto.
Andrew Captan is an experienced Toronto Criminal Lawyer practicing in the Greater Toronto Area, representing clients from all cultures, ethnicities, ages and walks of life.
He represents individuals charged with a range of criminal offences, from relatively minor crimes, such as Shoplifting and Possession of Property Obtained by Crime, to more serious matters, including Robbery, Aggravated Assault and Sexual Assault. A significant focus of his practice deals with representing individuals charged with Domestic Violence charges. He is compassionate, friendly and cares about each of his clients, regardless of the charges they are facing.
Mr. Captan has experience in representing individuals throughout each stage of the criminal court process, from the bail hearing up until the trial stage. Although his practice his concentrated in the Greater Toronto Area, he also appears in criminal courts outside the GTA, including Brampton, Newmarket, Guelph, Kitchener, Oshawa, Bradford, Midland, Barrie, Milton, Hamilton and Brantford, Owen Sound, St. Catharines and Guelph.
Mr. Captan accepts Legal Aid on a case-by-case basis and offers interest-free and individualized payment plans for all of his clients. He makes every effort to provide access to his services, regardless of the financial situation in which a client or potential client finds themselves.
Mr. Captan is featured on various “top” Criminal Lawyer Lists, such as:
- “Toronto Travel Guide’s Best Criminal Lawyers”
- “3 Best DUI Lawyers – Stratford”
- “Clever Canadian’s best Toronto Criminal Lawyers”
- “3 Best DUI Lawyers – Kitchener” (where he assists VRS Law with all DUI and Criminal Law Matters)
- “The 8 Best Criminal Defence Lawyers in Toronto”.
To speak with Mr. Captan directly about a case, call (647) 878-6355. He offers free introductory consultations to all individuals facing criminal charges.
Get in touch with a Toronto Criminal Lawyer
Mr. Captan’s office is conveniently located in downtown Toronto, a 10 minute walk south of the Castle Frank subway station. Mr. Captan is available to speak with you 24 hours a day, 7 days a week.