Domestic Assault Lawyer in Hamilton
A domestic assault charge in Canada is different from a basic assault charge. If a defendant is found guilty, assault on a member of their family or home is taken into account as a “aggravating factor” when determining their sentence, potentially increasing the severity of their punishment. It is more challenging to avoid a criminal conviction for domestic violence than for a typical assault because prosecutors are less inclined to drop the charges in a domestic violence incident. Penalties for a conviction of domestic assault depend on the nature and extent of the crime and your personal background. A conviction may result in jail or prison time of:
- Up to two years less a day for a summary conviction (minor offences).
- Up to five years if the Crown elects by indictment (serious offences).
- Up to ten years for sexual assault or assault causing bodily harm.
- Up to 14 years for aggravated assault or if a child under 16 years old was sexually assaulted.
The following are domestic assault related criminal offences in Canada: simple assault, assault causing bodily harm, assault with a weapon, aggravated assault, sexual assault, sexual assault with a weapon/threats/bodily harm, aggravated sexual assault, assaulting a police officer.