Nov 15
How Can I get my Domestic Assault Charged Dropped?
If you are charged with domestic assault or other domestic charges, one of the questions people often ask is “how do I get my charges withdrawn?”
If this is your first charge, you have no criminal record and/or the circumstances of the offence are less serious, the Crown may offer options to have your charged withdrawn. One example the Crown could offer is that you complete some upfront counselling (PAR counselling), and agree to enter into a peace bond in exchange for your charges to be withdrawn. A peace bond will require you to comply with conditions for a period (often 12 months) which can include a no-contact order with the complainant.
How do I Avoid a Criminal Record?
Being charged with a criminal offence does not necessarily mean that you will end up with a criminal record. You are still presumed innocent, even after you have been criminally charged. The Court must find you guilty before turning your mind to whether or not you will be left with a criminal record. However, there are several ways to avoid a criminal record:
- Charges withdrawn: with or without entering into a peace bond, a withdrawal of your charges is the best possible outcome. This option avoids the risk of going to trial and concludes your criminal matter without a finding of guilt or a criminal record.
- Go to trial: You always have the right to have a trial. The Crown will be required to provide evidence to prove your guilt beyond a reasonable doubt. If the Crown is unsuccessful, you will be acquitted and avoid a criminal record.
- Guilty plea: A guilty plea does not mean you will automatically get a criminal record. An absolute and conditional discharge are non-criminal record sentencing options after a plea has been entered. A conditional discharge means you will be on probation for a period which will require you to follow conditions. An absolute discharge is a finding of guilt, but nothing more.
How Should I Defend my Domestic Charge?
All criminal offences, including domestic offences, can have serious long-term consequences. If you are charged with a domestic offence, you should contact Lockyer Zaduk Zeeh at 416-613-0416. We are experienced in representing individuals charged with serious domestic violent offences.ved one.
