Domestic Assault Lawyer in Surrey
If you face charges for uttering threats to cause death or bodily harm to a spouse, partner or family member, or if you’ve been arrested for domestic assault, you need a domestic assault defence lawyer to represent you in court. At Basra Law Group, our trained and experienced criminal defense lawyers will guide you through your assault case and work to achieve a favourable outcome.
What Is Domestic Assault?
Section 265(1) of the Canadian Criminal Code defines an ‘assault’ as when a person:
- Intentionally applies force to another, whether directly or indirectly, without the consent of that person
- Threatens or attempts to threaten, by a gesture or act, to apply force to another person and can carry out the threat or causes the other person to believe that they have the ability
- Impedes, accosts or begs another person while carrying or wearing a weapon or an imitation of a weapon
Domestic assault is a pattern of behaviour one person uses to gain power and control over another with whom they have – or had – an intimate relationship. These cases often include behaviours meant to frighten, manipulate, humiliate or otherwise wound the other person.
Assault cases are generally prosecuted under section 266 of the Criminal Code whether the victim is a family member, spouse, partner or stranger. The relationship between the accuser and the accused only matters during sentencing.
Forms of Domestic Assault
Domestic assault can take many forms. Here are some of the most common:
Physical abuse refers to acts that result in direct bodily harm. Examples of physical abuse include:
- Hitting, slapping or punching
- Kicking, shaking, pushing, choking or biting
- Tying someone down or locking them up
- Stabbing, shooting or killing
These acts are often intended to render the victim powerless.
Sexual abuse is the use of sex in an exploitative manner or the forcing of sex on another person. It might encompass:
- Continued sexual contact when asked to stop
- Sexual activity and touching without consent
- Forcing someone to participate in humiliating and unsafe sexual acts
Sexual contact without their consent is a crime. This concept also applies to forceful sexual contact with a dating partner, a common-law partner or a spouse.
Financial abuse is a form of domestic violence that occurs when one partner exerts complete control over the other’s economic independence and freedom. It can also happen when property and money are used to exploit and control. This can involve:
- Forcing someone to change their will or sell their property
- Pressure to sign financial documents
- Taking property or money without permission
- Limiting or withholding money
Theft and fraud are also examples of financial abuse.
Penalties of Domestic Violence
The punishments for domestic violence are serious and wide-ranging, and may include:
- Jail time of between 6 months and 14 years, depending on the type of assault
- Fines, probation, reputational harm and criminal records – all of which can make it difficult to travel and find work
- Mandatory enrolment in a domestic violence programme, at the prosecutor’s discretion, the completion of which can improve your chance of getting a reduced sentence or avoiding a criminal record
- Paying restitution or attending independent counselling, which a lawyer may be able to negotiate in exchange for dismissal or reduction of your charges
In some circumstances of minor assault committed by first-time offenders, it may be possible to receive a sentence that does not include jail time or a criminal record.
Domestic Assault Lawyers in Surrey
If you’re facing domestic assault allegations, contact the domestic assault lawyers at Basra Law Group. Our highly trained and experienced lawyers will help you navigate your assault case successfully.