Domestic Assault

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Domestic Assault

Over the years of my practice, I have successfully represented my clients in hundreds of cases of domestic assault, threatening death or bodily harm, mischief, sexual assault, criminal harassment and other domestic violence offences.

Have you been charged with domestic assault?  Trust me, you are not alone.  Domestic violence offences comprise a huge percentage of any Court’s docket.  In many Courts, the domestic violence offences have a special dedicated day of the week and domestic prosecution team.

If you think that you were wrongfully charged, nothing really happen and your spouse simply uses (or abuses) the criminal justice system to gain advantage in a matrimonial dispute or simply to “teach you a lesson”, you are not alone either.  It is amazing how many domestic assault cases boil down to exactly that and also how easy it is for a person to get charged with domestic violence offence based on uncorroborated complaint of his or her spouse or partner.  It is literally enough for a wife to attend at the police station and make a statement that her husband slapped her (no injuries or even redness on cheek is required) and the husband can be arrested, charged, held at the police station overnight and the next morning taken to Court for a bail hearing where a justice of the peace will decide whether such person can be released on bail pending his trial.

Not surprisingly many people after experiencing such treatment lose faith in the system and then are fooled into so called “early intervention” program which requires them to plead guilty, undergo anger management program and then, if the program is successfully completed, get a conditional discharge which is a finding of guilt but not a conviction.  Many do so to avoid legal fees thinking that discharge is not really a criminal record.  But guess what I think, if I look at your record and see that you received a discharge for assault?  I think that you were charged with assault, were found guilty and then granted a discharge.  How is it not a criminal record then?

Accordingly, my advice to anyone charged with domestic assault or other domestic violence offence is to fight the charges and try to obtain an acquittal.  It does happen more often than you think as long as you have an experienced domestic assault lawyer by your side.

One definite advantage I have over many other domestic assault lawyers is that my practice is not restricted to criminal law.  I handle family law matters as well and understand the dynamics of the matrimonial process.  I also know how to use the materials from the matrimonial proceeding in a criminal case to discredit the allegations brought by the complainant.  In many cases I managed to persuade the Crown Attorney to withdraw the criminal charges based on inconsistent information contained in the family court proceeding.  At the same time, I used the discredited criminal complaints to undermine the other side’s position in a matrimonial case.

Remember, if you fight, you may win or lose but if you give up, you have already lost.  With help of the experienced domestic assault lawyer you can fight the charges and win but by pleading guilty you foreclose this opportunity.

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Author: Ernst Ashurov

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