Domestic assault forms part of serious offenses in Canada with severe and harsh penalties. Therefore, understanding the legal framework around such cases is essential. This can be done by getting an experienced domestic assault lawyer in Toronto, who will make a huge difference in being able to defend or fight such charges.
Domestic assault can simply be defined as violence or threats of violence between partners, family members, or close relationships. Every year, more than 90,000 cases of domestic violence are reported in Canada. Canadian law treats domestic assault seriously. It often leads to strict legal consequences. A domestic assault lawyer in Toronto is required after accusations of domestic assault.
Here is how, a Toronto assault lawyer will ensure proper legal representation, protection of rights, and managing complex criminal procedures.
Domestic Assault in Canada
Domestic assault in Canada is dealt with in various sections of the Criminal Code. The term refers to physical, emotional, or psychological abuse in intimate or family relationships. Laws regarding domestic assault in Canada are highly respected and are mostly followed by stern legal reactions. The following are sections that illustrate various offenses:
- Section 264: Covers criminal harassment and threats most commonly associated with home violence.
- Section 265-268: Defines and punishes assault, including domestic assault.
Domestic Assault Types and Their Charges
Domestic assault is categorised in different parts of Canadian criminal law. Each of the types of domestic assaults may be charged differently according to the level at which the crime has been committed. Here are the three various domestic assaults and their charges:
Domestic Aggravated Assault
Aggravated assault is considered the most serious form of domestic violence. It is wounding, maiming, or endangering a human being’s life. Section 268 of the Criminal Code indicates that an accused convicted of aggravated assault may be sentenced to as much as fourteen years.
Domestic Assault with a Weapon
Domestic assault with a weapon is a type of assault in which a person uses his weapon or an object that is used as a weapon while committing assault. It generally falls within the purview of Section 267 of the Criminal Code. In some instances, it could attract up to 10 years of imprisonment for the accused.
Domestic Assault Causing Bodily Harm
This form of assault entails inflicting wounds on a victim that require medical attention; this includes fractured bones and deep cuts. Section 267 of the Criminal Code falls in this category, and imprisonment penalties may go up to 10 years. The court will consider issues such as the nature of injuries to the victim as well as circumstances in reaching the judgment towards sentencing.
Understanding this legal term and battling with such consequences can be only easy if you work with a domestic assault lawyer in Toronto. They are well-versed in these laws and penalties.
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