FAQs
How do I Beat a Domestic Assault Charge?
Cory Wilson is a criminal defence lawyer and immediate roadside sanctions lawyer serving all of Alberta, including Calgary, Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury, Lethbridge, Grand Prairie and Turner Valley.
If you have been charged with domestic violence in Calgary, it is important to take the charges seriously and to seek legal advice as soon as possible. Here are some steps you can take to help beat a domestic violence charge in Calgary:
Hire an experienced criminal defense lawyer
One of the most important steps you can take in beating a domestic violence charge in Calgary is to hire an experienced criminal defense lawyer. A good lawyer will have the knowledge, skills, and experience necessary to help you navigate the legal system and build a strong defense. They can also help you understand your rights, the charges against you, and the potential consequences of a conviction.
When choosing a criminal defense lawyer, it is important to look for someone with experience specifically in domestic violence cases. They should have a good understanding of the dynamics of domestic violence and the legal strategies that are most effective in defending against these types of charges.
Gather evidence
The key to beating a domestic violence charge in Calgary is to build a strong defense. This requires gathering as much evidence as possible to support your case. This may include:
- Witness statements: If there were witnesses to the incident, ask them to provide a statement to your lawyer. This can be helpful in establishing what happened and who was responsible.
- Physical evidence: If there is physical evidence of the incident, such as bruises or injuries, make sure to document this with photographs and medical records.
- Text messages and emails: If there are any text messages or emails that are relevant to the incident, make sure to save them and provide them to your lawyer.
- Surveillance footage: If there is any surveillance footage of the incident or the surrounding area, try to obtain a copy and provide it to your lawyer.
Understand the charges against you
In order to build a strong defense, it is important to understand the charges against you. In Canada, domestic violence charges can include assault, sexual assault, threats, harassment, and stalking. Each charge has different elements that must be proven by the prosecution in order to secure a conviction. Your lawyer can help you understand the charges and build a defense strategy that is tailored to your specific situation.
Cooperate with your lawyer
One of the most important things you can do to help beat a domestic violence charge in Calgary is to cooperate with your lawyer. This means providing them with all relevant information, responding promptly to their requests, and following their advice. Your lawyer will be working hard to build a strong defense on your behalf, and your cooperation can make a big difference in the outcome of your case.
Consider counseling or therapy
If you have been charged with domestic violence in Calgary, it is important to take steps to address any underlying issues that may have contributed to the incident. This may include attending counseling or therapy sessions to address issues such as anger management, substance abuse, or mental health concerns. Showing that you are taking steps to address these issues can be helpful in demonstrating to the court that you are taking responsibility for your actions and are committed to making positive changes in your life.
Be prepared for the trial
If your case goes to trial, it is important to be prepared. This means working closely with your lawyer to understand the evidence that will be presented against you and to develop a strategy to challenge that evidence. It also means being prepared to testify on your own behalf, and to answer questions from the prosecution and the judge. Your lawyer can help you prepare for trial by conducting mock examinations and helping you develop effective responses to potential questions and arguments.
Defences to domestic violence / domestic assault charges
Domestic violence is a serious crime in Canada and carries significant consequences, including imprisonment, fines, and a criminal record. However, it is important to note that there are several defences that can be used to fight a domestic violence charge in Calgary. Here are some of the available defences that can be used to beat a domestic violence charge:
- Self-Defense
Self-defense is a common defence in domestic violence cases. If you can prove that you acted in self-defense, it can be used to justify your use of force against your partner. Self-defense is only available if you can prove that you believed that you or someone else was in imminent danger of being harmed, and that the force you used was reasonable in the circumstances.
- Consent
Consent can be used as a defence in certain domestic violence cases, such as those involving consensual BDSM or other types of sexual activity. If you can prove that your partner consented to the physical activity that resulted in the charges, it can be used as a defence. However, it is important to note that consent is not a defence in cases involving serious bodily harm or death.
- Mistaken Belief in Consent
If you honestly but mistakenly believed that your partner was consenting to the physical activity that resulted in the charges, you may be able to use this as a defence. However, the mistaken belief must be reasonable in the circumstances, and you must have taken reasonable steps to ensure that your partner was consenting.
- Lack of Intent
In order to be convicted of a domestic violence charge, the prosecution must prove that you intended to commit the offence. If you can show that you did not have the necessary intent, it can be used as a defence. For example, if you accidentally hit your partner while trying to defend yourself, you may be able to argue that you did not intend to cause harm.
- Alibi
If you can prove that you were not at the location where the alleged domestic violence incident occurred, you may be able to use an alibi as a defence. This can involve providing evidence, such as witness statements or video footage, to prove that you were elsewhere at the time of the incident.
- False Allegations
In many cases, false allegations of domestic violence can be made by a partner for various reasons, such as to gain an advantage in a divorce or custody battle. If you can prove that the allegations are false, it can be used as a defence. Often this is done through skilled cross-examination at trial.
- Mental Disorder
If you suffer from a mental disorder, it may be possible to use this as a defence in a domestic violence case. This can include disorders such as depression, anxiety, or PTSD, which may have led to a loss of control or impaired judgment. However, it is important to note that this defence is not always successful, and it requires expert testimony from a qualified mental health professional.
Contact a Domestic Assault Lawyer
If you have been charged with domestic violence in Calgary, there are several defences available that can be used to fight the charges. These defences include self-defense, consent, mistaken belief in consent, lack of intent, alibi, false allegations, and mental disorder. It is important to consult with an experienced criminal defense lawyer to determine which defences may be available in your case and to develop a strategy to fight the charges. With the right approach and a strong defence, it is possible to beat a domestic violence charge and move forward with your life.
Cory Wilson is a domestic assault lawyer based in Calgary and serving all of Alberta. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no obligation consultation.