We provide dedicated and professional criminal defence for assault charges in the Oshawa courthouse and beyond. We focus on ensuring your rights are protected during one of the most challenging times in your life. With over 17 years of experience, Mr. Smart has established himself as a respected defense lawyer, specializing in domestic assault. HIs legal experience is pivotal to your success.
Hiring a professional defence lawyer for Assault Charges is crucial. Mr. Smart's commitment and expertise come from years of experience and comprehensive legal practice focused in Durham Region. As a Licensed Lawyer with the Law Society of Ontario his credentials speak volumes. Moreover, his active participation in the Durham Region Law Association and Criminal Lawyers Association underlines his respected professional standing.
For reliable, highly rated, experienced defence lawyer, contact us today. Let’s work together towards the defense you deserve.
The simple act of touching or causing another to fear for their safety is the basis for this charge. The act must be intentional and non-consensual.
There are many ways of defending these allegations and our office will work with you to determine the best plan-of-attack .
The most common way we win these cases is by proving that the assault never occurred. In other cases, we justify the use of force by proving that the other party consented to the assault or by explaining that you were acting in self-defence,
It's important to remember the act must be intentional. When we can show that the assault was merely Incidental or accidental then the police cannot prove that a criminal offence has been committed.
Domestic disputes are one of the most common occurrences our firm can help your family with. We understand the importance of family and we will do everything we can to restore your family life. Many times domestic assault occurs as a result of other stresses in life. It is important that we work together to identify the underlying cause and establish ways to overcome them in the future.
In Ontario, complainants and/or alleged victims do not determine if charges will proceed. They have the right to provide their input on this decision , but ultimately that discretion rests with the crown attorney.
In Durham Region, Domestic Violence Charges have been continuously scrutinized by various officials. The police have a duty to investigate these allegations, but once police have determined there are "grounds to believe" that an assault has occurred than the police officer MUST charge that person. Each police force has different internal policies which govern police conduct, action, decision making. The Durham Regional Police and the O.P.P both have this "mandatory charge policy".
Although police must charge a person in these circumstances, that is just the beginning of the legal process. Once charged, the case is sent to the Crown Attorney (a lawyer for the province) to review the evidence and consider a great number of other factors to determine if and how the a criminal case will proceed through our criminal law process. The Crown Attorney is also bound by a set of internal policies which govern their conduct, action and decision making, so despite your spouses desire to "drop the charges" a Crown Attorney may not have that decision making authority.
It is imperative that you get Mr. Smart to assist you before engaging in any discussions with police or the crown attorney. Remember that the only person on our legal system who is there to protect you is your Defence Lawyer.
Even if your spouse is interested in having the charges dropped and you think you can convince the crown attorney or police to drop these charges, remember that each of these officials have policies which govern their discretion. At Smart | Criminal Law our team members are constantly in touch with the Police and the Crown Attorney to ensure we have the most up-to date and local information to help you navigate through your Assault Charge Defence.
It can take weeks or even months to have these conditions changed, but it will require the criminal court to agree to change them.
A well thought out criminal defence strategy is a must when considering changes to conditions. For some cases, it is the first real introduction of your case to the criminal justice system, where other changes can occur much later in the process.
This is, by far, one of the most impactful and unexpected consequences of being charged with a Domestic Assault Charge in Oshawa. You would think because "you're innocent until proven guilty" that you wouldn't be penalized immediately. Most times, there is absolutely no contact permitted between those involved in the dispute, the witnesses to the dispute and sometimes relatives. The reality of our justice system is that it is a forum for dispute resolution, but it's a busy system and it takes time to hear each case . Until the court can hear your case, the court doesn't want disputes to potentially continue, reoccur, or escalate. In most cases, this is the reason conditions on freedom/liberty are imposed.
The problem is that some people are aware of the criminal process and report fake crimes to have their spouses, neighbours, and others places on conditions. This is an abuse of our justice system and is usually caught as an early stage.
Everyone has a different life and unique circumstance that don't make absolute bans on contact or communication necessary , such as sharing children, a property, a business, or even their promote location (neighbours). Circumstances also change , so its important to continuously review conditions with our office to ensure you don't inadvertently fail to comply with them.
CHANGES TO CONDITIONS?
There are very strict procedures that have to be followed to change or remove conditions. All of them involve legal notices and filing documentation with the relevant persons. Sometimes formal hearings are required where our defence lawyers advocate for relief from conditions.
Our team of dedicated criminal defence lawyers address release conditions everyday and ensure that you are not subjected to conditions any longer than you have to be .
At the Oshawa Courthouse, our criminal defence clients experience the shortest turn around averaging 2 to 4 months to complete the pre-trial proceedings. We also see individuals, without a lawyer, taking much longer (6-8 months) to get to a similar stage, sometime without any progress.
We ensure that our clients case move efficiently while not compromising on results. Our goal is to get your life back sooner rather than later.
Our exclusively focus to matters in the Oshawa Criminal Justice System means that our local knowledge allows us to connect with police officers, crown attorneys and judges quicker than others who don't have the connections in Oshawa.
If your case requires a trial, then you should expect 8-12 months for a "common assault" allegation at the Oshawa Criminal Courthouse. If the case is more complex or resulted in serious injury, further delays may be occasioned while police continue their investigations.
The Criminal Code of Canada sets out the definition of "Assault" and the penalties for variations of Assault Charges including: Assault Causing Bodily Harm; and, Aggravated Assault; and, Assault with a Weapon.
It is important to gather as much information as early on as possible. Save key pieces of evidence like :
1) Text Messages /Emails
2) Photos /Videos
3) Witness Statements
4) Social media Posts
The penalties range drastically depending on a few factors but the most important is the extent of any injuries.
We have been very successful in defending Assault Charges in Oshawa.
SMART | CRIMINAL LAW
39 Bond St E., Unit #4, Oshawa, Ontario, L1G1B2
Criminal Defence Lawyer Serving Durham Region including Oshawa, Whitby, Brooklin , Ajax, Pickering, and Bowmanville
Jeffrey Smart Legal Services Professional Corporation, Registered as " Smart | Criminal Law"