The punishment process of first time domestic assault charge Canada is entirely different from any other kinds of assaults in Canada. When an assault gets caused by a person upon their family members or community, it is a domestic assault. Domestic violence is a common problem in Canada and its consequences are not expected. It can destroy a family. Although, no one wants to be involved in domestic assault, but sometimes this unexpected incident can happen. That’s why domestic assault charges have minimum penalties that are considered strictly in Canada.
This article offers complete details about what domestic assault is and the process of punishment for domestic violence in Canada. Read on to learn more about first time domestic assault charge Canada.
Punishment for First Time Domestic Assault Charge Canada
First time domestic assault charge in Canada varies depending upon the severity and depth of crime or assault. In an assault that injures not that much, and the victim suffers for a short period, your penalty will be different than the assault causing the victim to suffer for an extended period. That means the nature of assault here plays the leading role in deciding the penalty for the convict.
One of the most common punishment for a domestic violence in Canada is jail time or imprisonment. A convict might get punished by imprisonment for several time spans. Such as,
- If the offence is minor, often termed a summary conviction, the convict gets punished by six months imprisonment at most.
- If the offence is severe enough, and the indictment is in prosecution, jail time might be up to five years.
- If the victim gets assaulted sexually or suffers from severe bodily injuries, the convict might face up to ten years of imprisonment as sexual assault sentence.
- Finally, the jail time gets highest, up to 14 years, if there is an aggravated assault or a sexual assault on a child under 16 years old.
Will I Go to Jail for First Time Domestic Assault Charge Canada?
First time domestic assault charge Canada doesn’t always end up in jail time imprisonment. Mostly, the offenders have the opportunity to come to a solution for the first time to avoid jail time punishment for domestic violence in Canada.
In case the judge finds you guilty, but your crime is not that severe much to have a jail time punishment for domestic violence in Canada, you could instead face the following issues:
Discharge is the minimum punishment you might get if found guilty of a first time domestic assault charge in Canada. You might face either an absolute discharge or a conditional discharge as your punishment for domestic violence in Canada .
An absolute discharge implies that you would not possess any criminal record for the assault and the conviction you have faced.
On the other hand, conditional discharge means you could avoid the criminal record of this conviction only if you follow or fulfill the conditions which the judge imposes upon you.
Summary conviction is comparatively a quicker and less complicated process for domestic assault charges than an indictment in Canada. In most cases, a lawyer of Crown Law finds it easier to proceed with the case through summary conviction.
Under summary conviction, if you get proven guilty but not severe to have jail time or imprisonment, the judge might order you to pay compensation to the victim for their loss.
You can compensate by paying up to $5,000 or more if the victim faces any property damages or medical treatment expenses.
A suspended sentence is another way of punishment for first time domestic assault charges in Canada by which you can avoid jail time imprisonment, although you are guilty of a domestic assault charge.
When the judge finds you guilty of an assault, he might decide to provide you with a second chance. That means the judge can give you an opportunity where you will place with a certain probation period without issuing any jail time punishment.
During this period, you are free to do all your necessary jobs. But you must have to maintain the conditions imposed upon you for this probation period. If you can fulfill all the conditions properly, you will be exempted from the case.
A conditional sentence is almost like a probation period under a suspended sentence. If you get charged with an assault that does not require a jail time sentence, the judge can punish you with one or two years of jail time as the punishment for domestic violence in Canada. You can stay at your house instead of in jail.
That means you can go through your imprisonment in your own house without going to jail. Your divorce lawyer can appeal to the judge for this advantage, ensuring that you would not become harmful to your family members.
During the sentence, you will always get observed and need to follow the conditions imposed upon you and your behavior.
What to Expect if You are Facing a First Time Domestic Assault Charge
If you are facing a domestic assault charge in Canada, it can be a confusing and stressful experience. Understanding what to expect can help you prepare for what lies ahead and make informed decisions about your case.
The Criminal Justice System: If you have been charged with domestic assault, your case will proceed through the criminal justice system. This process can be complex and time-consuming, and it is important to have a clear understanding of the steps involved. You may need to attend court appearances, participate in pre-trial proceedings, and possibly stand trial.
The Role of a Criminal Defense Lawyer: If you are facing a domestic assault charge, it is essential to have the representation of a criminal defense lawyer. A lawyer can help you understand the charges against you, the potential consequences of a conviction, and the steps you can take to protect your rights and interests.
The Burden of Proof: In a criminal case, the burden of proof is on the prosecution. This means that the prosecution must prove beyond a reasonable doubt that you committed the crime of domestic assault. Your criminal defense lawyer can help you understand the prosecution’s case against you and the evidence they will use to support their case.
Plea Bargaining: In some cases, it may be possible to negotiate a plea bargain with the prosecution. This involves admitting to a lesser charge or accepting a reduced sentence in exchange for a guilty plea. Plea bargaining can be a useful tool for resolving a domestic assault charge, but it is important to understand the consequences of a plea before making a decision.
How to Get Domestic Assault Charges Dropped in Ontario, Canada?
It is not very easy to answer in one sentence how to get domestic assault charges dropped in Ontario. Mostly, in domestic assault charges Ontario, Canada, the accused persons can never get a chance of dropping their assault charges.
However, a minor or first time domestic assault charge Canada case can bring a different scenario.
If the convict can convince the judge by his words and the judge finds the sentence serving no public interest, s/he can drop the charge against the convict.
Also, the judge must find no feasible possibility to get a guilty verdict. Moreover, if the convict provides the judge with a recanting statement, the judge might consider dropping the charge against that guilty person giving them another chance.
Now you probably know whether you will have to go to jail for a first time domestic assault charge in Canada or not. Actually, domestic assault cases are relatively more complex than any other assault charge. That’s why we highly recommend you consult with an experienced domestic assault lawyer for further clarification. Whether it’s the first time of second, domestic assault is not expected form any partner. It breaks the bonding among family members. Sometime, it is said that better leave toxic relationship before facing such domestic crime.
Will I Go to Jail for First Time Assault in Canada?
Not necessarily. If you are charged with a minor assault, the judge might punish you in different ways other than sending you to jail. Such as, you might face a summary conviction, conditional discharge or suspended sentence for a first-time assault. But if the assault is serious, according to the Canadian law, section 266, you might get 3 to 5 years of jail time even if you are a first-time offender.
What Is The Minimum Sentence for Assault in Canada?
It depends upon the extent and the nature of your assault. In case of an aggravated assault in Canada, the minimum sentence is 5 years of jail time, and the maximum is life imprisonment.
How Long Is Jail Time for Domestic Violence in Canada?
Jail time differs based on the nature of the crime. For minor cases, it can be up to 5 years. And for sexual assault, it’s up to ten years. Moreover, if it’s a child assault, the jail time might take the highest time, up to 14 years.