Domestic assault is considered a severe crime in Canada. Assaults in general are one of the most common crimes that a person can be accused of, but the domestic dimension, where the assault is against a spouse or another family member increases the severity of the charge, the scrutiny that prosecutors may give it, and the punishment that courts may consider. Taking this into account, being accused of domestic assault is a major concern and if you have been falsely accused, there are several things you should take mind of as you consider your options.
Immediate Dos and Don’ts
Before considering the way you wish to respond to an accusation, there are certain rules you ought to follow to make sure you have the best chances for fair treatment down the road.
A false accusation can be a brutal thing to be subjected to, a betrayal of trust from somebody close, and it’s a natural reaction to want to fight against that accusation and assert your side of the story. However, legal proceedings are delicate and closely observed and acting quickly when an accusation is made can lead to unintended consequences later, even if you are in the right. As difficult as it can be and as heavily as these accusations can affect your life, it is the recommendation of lawyers everywhere that you respond carefully and rationally and try to keep the following rules in mind:
Maintain your right to remain silent
The right to remain silent is a part of our Canadian Charter of Rights and carries some of the heaviest weight of any legal rule in the country. Most adults have heard of the right to remain silent, but not everyone understands how important it can be in every single criminal case.
If you have been accused of domestic assault and police are involved, questioning you and/or arresting you, you have the right to not tell them anything about the case or the incident of assault you are accused of. This can sometimes seem counter-intuitive. If you have been falsely accused, it is natural to want to assert your innocence and make it clear that no assault took place. However, the right to silence exists because anything that an accused person says to a police officer or anyone involved with the case can potentially be used against them. Even if you speak honestly and plainly about what happened, you build an image of who you were when the alleged incident occurred and regardless of what you say, the prosecution now has a snapshot of you at the time of the allegation, which they can use as the base of their case against you. Even worse can be if you were to say something to the police which can then be twisted or taken out of context and used as an argument against you in legal proceedings. The bottom line is, if you don’t say anything to those who are investigating the allegation, their case will be lacking any profile of your involvement in the alleged incident and they will have to build a profile of who you are from external sources, which will be considered less reliable than anything you said yourself.
Courts can not make any negative findings against you based on you remaining silent during questioning. Your right to silence is a basic human right in Canada and courts respect that, by remaining silent you are simply accessing this right, you are not doing anything which can be considered guilty behaviour. Ultimately, speaking up to the police that question you gives ammunition to the prosecution and this should always be avoided because that’s what you’re entitled to when defending against criminal allegations.
Contact a Lawyer
Another major first step you should take when accused of domestic assault is to contact a lawyer. Speaking to a lawyer when accused of a crime is another of your Charter rights and police officers have to give you the opportunity to do so. Karapancev Law is open 24 hours and is ready to respond to your phone call and offer you a free initial consultation. Contacting us is always the first step we recommend taking when you are accused of any crime as we are committed to helping you safely and comfortably through a harrowing allegation.
The lawyer you contact will be able to give you advice that is specific to your situation, inform you of what rights you have, and offer instructions on what you ought to do first. This article can provide you with general information that is broadly applicable to domestic assault, but to get answers to specific questions that exist in your circumstances, reaching out to legal professionals who have the knowledge to navigate a case is the best choice and we are happy to provide you with initial assistance and get you through those difficult circumstances at no cost.
Follow release conditions
This can sometimes be the hardest part of having a false allegation made against you. It feels unfair and unjust for police officers or courts to give you orders and rules based just on an allegation where no guilt has been proven. In domestic assault cases, these orders can be highly restrictive and may affect how you live your life.
As brutal as it can be, it is nonetheless in your best interest to follow the directions given to you by law enforcement. While the decision of guilt or innocence doesn’t come until the end of a case, law enforcement has the ability to impose interim conditions on a defendant before their case is decided. A failure to follow these conditions can lead to additional charges for you and can close off your options for how you respond to the domestic assault charge.
Some difficult conditions can include restricting you from being near the person who has alleged the domestic assault or other family members, including your children. Again, while it is unfair for a false allegation to deprive you of your family, disobeying these conditions can have serious legal consequences.
That being said, once you have retained a lawyer, altering these conditions may be possible. Law enforcement will generally start by imposing fairly strict conditions that may not take into account your wants and needs. Through the help of your lawyer, your release conditions could potentially be relaxed.
Legal responses to an accusation
Now that we’ve covered the basics of what you should do when an accusation is made, it’s time to discuss what legal actions are recommended to defend yourself. At Karapancev Law we strive to resolve domestic assault charges as quickly and effectively as possible.
Seeking a withdrawal
Let’s start with the best possible result that a person can receive when they are accused of a crime – the withdrawal of the charge. If you have been falsely accused and a family member has fabricated a story of a domestic assault that you did not commit, it is understandable that you would want that charge to be completely invalidated.
If you have compelling evidence that contradicts the evidence that the prosecution is putting forward, it may be possible for our team, through negotiations with the prosecution, to convince them that their case cannot succeed and for them to withdraw the charge, returning you to your family life with no conditions on you.
Furthermore if there are significant problems with the prosecution’s case, this too can lead to a withdrawal in the appropriate set of circumstances. Your chances of receiving a withdrawal depend on the strength of the evidence that the prosecution can bring to the table. Even in cases of false accusations, the prosecution may be able to put forward evidence that they feel is convincing enough to continue the prosecution.
A peace bond
If a straight withdrawal is not possible, there are situations where the charges can still be withdrawn with an accompanying peace bond. A peace bond typically requires the accused to comply with certain conditions for a specified period of time. If those conditions are followed and the accused is not charged with any further criminal offences during that period, there are generally no additional consequences. However, a breach of the peace bond can itself result in further criminal charges.
A guilty plea
Entering a guilty plea to any offense may result in a reduction in the consequences, depending on the discussions with the prosecution beforehand. However, pleading guilty to an offense involves admitting to the accusations that have been made and most plea deals will result in a person receiving a criminal record. You should strongly consider what consequences this kind of record would have for you as you consider whether to agree to a plea. A guilty plea should often times be considered an option of last resort.
Trial
Finally, going to trial is the most comprehensive way that an accusation can be responded to. If you have been falsely accused and you can take your case to trial where the Crown will have to prove the offence and all of its essential elements beyond a reasonable doubt.
The obvious question is: if the accusations are false, why go to trial when the prosecution ought to simply withdraw the case? Naturally, our lawyers aim to achieve the best possible result for our clients and if a withdrawal is possible, we will pursue that. However, there are cases in which the prosecution may refuse to withdraw a case, often because they believe that they have a strong case due to whatever evidence they have gathered for their side. In these situations, a trial may be required to get you the result you deserve.
As with all possible resolutions, your lawyer will have the experience to weigh your strengths against those of the prosecution and advise you on your chances of success at trial. Our team is dedicated to getting our clients the best results they can, given their circumstances, and that includes both the facts of the case and the long-term needs of the client. A false accusation of something as serious as domestic assault is a heavy burden and Karapancev Law makes every effort to help our clients with such matters and help them choose the best path for resolution.
