Understanding Domestic Assault Charges And Your Rights In Mississauga

Man angry about domestic assault charges

June 20, 2023

Suny Virk

Are you a Mississauga resident facing domestic assault charges? This may be the blog for you.

Domestic assault is a serious crime in Mississauga and can have far-reaching consequences for both the victim and the accused.

If you have been charged with domestic assault in Mississauga, it’s crucial to understand the legal process and your rights, and to seek the help of a criminal lawyer in Mississauga to defend your case.

Table of Contents

What is Domestic Assault?

Domestic assault occurs when one person in a domestic relationship, such as a spouse or partner, intentionally and unlawfully applies force or threatens to apply force to another person.

Domestic assault is a criminal offence under the Criminal Code of Canada, and the penalties can be severe, depending on the severity of the offence and the circumstances of the case.

What Happens When You Are Charged with Domestic Assault in Mississauga?

If you are charged with domestic assault as a Mississauga resident, retaining a criminal lawyer is your first call-to-action.

Your lawyer can provide you with legal advice and representation to help defend your case.

Often, the next step after being charged is to appear in court for a bail hearing, where a judge will decide whether you can be released from custody or will be held in jail until your trial.

A reputable Mississauga criminal defence lawyer can help you prepare for the bail hearing and argue for your release.

After your bail hearing, the case will eventually proceed to trial. The trial process can take many months, and it involves presenting evidence to a judge.

The prosecutor will present their case, and the defence will have the opportunity to cross-examine witnesses and present evidence in their defence.

A criminal lawyer in Mississauga can help you prepare your defence and challenge the evidence presented by the prosecution.

If you are found guilty of domestic assault, you will then face the sentencing phase. The penalty for domestic assault can range from a conditional discharge and probation to imprisonment, depending on the severity of the offence.

A local criminal lawyer in Mississauga can help you understand the potential consequences of being found guilty and work to mitigate the penalties you face.

What Are Your Rights When Charged with Domestic Assault in Mississauga?

If you are charged with domestic assault in Mississauga, you have legal rights that are protected by law.

These rights include:

The right to remain silent: You have the right to remain silent and not incriminate yourself. Anything you say to the police can be used against you in court, so it’s essential to exercise your right to remain silent until you have spoken to your local criminal lawyer.

The right to legal representation: You have the right to legal representation, and it’s crucial to seek the help of a criminal lawyer as soon as possible.

Your lawyer can provide you with legal advice, represent you in court, and work to defend your case.

The right to a fair trial: You have the right to a fair trial, and this includes the right to be presumed innocent until proven guilty, the right to a trial by jury, and the right to a legal defence.

The right to appeal: If you are found guilty, you have the right to appeal the verdict and sentence.

How Can a Criminal Lawyer in Mississauga Help You Defend Your Case?

If you are charged with domestic assault in Mississauga, it’s crucial to seek the help of a criminal lawyer in your area who can provide legal guidance and representation to help you defend your case by:

Investigating the case: Your criminal lawyer will investigate the facts surrounding your case and gather evidence to challenge the prosecution’s case. They can interview witnesses, review police reports and medical records, and gather any other evidence that may be relevant to your defence.
Building a defence strategy: Based on their investigation, your criminal lawyer can develop a strong defence strategy on your behalf. Your criminal defence lawyer will advise you on the available options going forward. Your criminal lawyer will only act with your consent, and will proceed in your defence with a strategy that you approve of.
Negotiating a plea deal: In some cases, it may be in your best interest to negotiate a plea deal with the prosecution instead of proceeding to trial. Your criminal lawyer can help you understand the potential consequences of a guilty plea and negotiate a plea deal that reduces the penalties you face.
Representing you in court: Your lawyer will represent you in court, arguing on your behalf and challenging the prosecution’s assertions.
Protecting your rights: Your criminal lawyer in will work to protect your legal rights at every stage of the legal process, including exercising your numerous rights as a defendant to a criminal charge.

If you are facing domestic assault charges in Mississauga, it’s essential to seek the help of a criminal lawyer in Mississauga to defend your case.

A criminal lawyer can provide you with legal guidance and representation to help you understand the legal process, your rights, and your options for defending your case.

With the help of a skilled and experienced criminal lawyer, you can take steps to protect your rights and defend your case, even in the face of challenging legal circumstances.

Need help navigating your criminal charges? We can help.

Contact Virk Barristers for a consultation.

Author Profile

Suny Virk

Mr. Suny Virk is a reputable criminal defence lawyer in Mississauga focusing primarily on criminal law matters of clients. Mr. Virk has been awarded with the Certificate of Merit Award in Advocacy. Now, he wants to impart his knowledge and wisdom to other people who may be struggling with the Canadian legal system to serve his community.