Spousal Abuse Lawyer Toronto: Categories of Offences

Introduction

Spousal Abuse, also referred to as Domestic Abuse or Domestic Assault in the criminal law context, is a very common type of criminal charge that is laid by police.

The following are types of Spousal Abuse charges that can be laid:

• Assault
• Assault with weapon
• Assault causing bodily harm
• Assault by choking
• Aggravated assault
• Sexual assault
• Forcible Confinement

Any one of these charges that occurs within the context of a domestic relationship would amount to a Spousal Abuse charge, for which you would be seeking a Spousal Abuse Lawyer or Domestic Abuse Lawyer in Toronto.

In this article, Spousal Abuse Charges will be categorized into different levels of seriousness.  In each category, an outcome range will be provided so that you know where your case might fit and what you might expect from the court process.

A summary of the categories is as follows:

• Level 1 – Low-Level Spousal Abuse Charges
• Level 2 –  Mid-Level Spousal Abuse Charges
• Level 3 – High Level Spousal Abuse charges

These levels carry no legal significance, and are set out simply to guide you to understand the seriousness of your matter and the types of outcomes that might be available for you in court.

Keep in mind that every seasoned Spousal Abuse Lawyer in Toronto is aware that every single criminal case is serious in nature, as each case, in theory, could give rise to a permanent criminal record.  

Level 1 Charges

Level 1 charges would be the lowest level of seriousness, and would trigger outcomes that would be the least severe in nature from a criminal law perspective.

Level 1 Domestic Abuse Charges in Toronto would consist of cases involving the following:

• Someone without a criminal history
• The charges faced are typically Assault simplicitor (and not the other forms of Assault that are more aggravating, as indicated in the list above)
• There were no injuries
• There was no physical contact with the complainant’s neck area
• There were no children that witnessed the event in question

For Level 1 Spousal Abuse charges, a skilled Domestic Abuse Lawyer would be in fairly good position to navigate the court process without you sustaining a criminal record.  The two types of legal outcomes that would typically be seen in this category would be:

• A withdrawal of charges
• An absolute or conditional discharge

Level 2 Charges

Level 2 charges would be the next step up in terms of seriousness. These charges would include Assaults with aggravating features (such as Assault with Weapon or Assault by Choking).  Factors that would be relevant to a case fitting within Level 2 would be:

• The accused either has no criminal record or has a criminal record that is unrelated to Domestic Violence
• There was physical contact with the neck area of the complainant
• There were injuries, but not severe enough to amount to “bodily harm” as defined by the Criminal Code of Canada
• Children may have been present / witnessed the incident

A Spousal Assault Lawyer in Toronto probably would be looking at the following outcomes for Leve 2 offences:

• A conditional discharge
• A suspended sentence and probation
• A fine and probation

Level 3 Charges

Level 3 charges would be the most serious types of Domestic Abuse charges in Toronto.  These charges would involve aggravating factors, and would include offences such as Assault Causing Bodily Ham, Aggravated Assault and Sexual Assault.  Other factors that would put a case into Level 3 include:

• There was serious injury to the complainant
• There was a significant intrusion on the privacy of the complainant
• The accused has a criminal record, including possibly a related criminal record for domestic abuse

A Domestic Abuse Lawyer in Toronto would consider the following sentences to be within the range of outcomes for these cases:

• A suspended sentence and probation
• A conditional sentence of imprisonment
• Jail time

Andrew Captan – Spousal Assault Lawyer Toronto

https://toronto-criminallawyer.ca/If you’re facing any domestic abuse charge in Toronto, you need expert legal advice and counsel.  Andrew Captan is a seasoned Domestic Violence Lawyer in Toronto and has over 13 years of practice in this area of law.  For a free case review, call him at (647) 878-6355, e-mail at andrew@captanlaw.com or visit his website HERE.