FIRST OFFENDER? DEFEND ASSAULT CHARGES IN WINDSOR. 1-866-DEFENCE.

Donich Law is a criminal, civil and regulatory law firm located in Toronto. We regularly service clients across the GTA and throughout Ontario. We have devoted a portion of our practice to defending those charged with assault and domestic assault. Many of our clients are first-time offenders who have made poor decisions and found themselves charged with an offence.

In 2021, Donich Law successfully defended a client who was arrested after his intimate partner alleged that he pushed her and held a knife while the who were arguing in R. v. J.D. [2021]. After arranging upfront work for the accused to complete, the Firm was able to resolve the matter without a criminal record by securing a withdrawal of charges of assault and assault with a weapon.

In R. v. B.W. [2021], the Firm represented an individual charged with 2 counts of assault, assault with a weapon, uttering death threats and forcible confinement after getting into an argument with his domestic partner. The Firm defended the case for over two years, ultimately beating 4 of 5 charges and securing a conditional discharge for the accused.

In the Firm’s R. v. A.R. [2021], the Firm defended an accused alleged to have assaulted his wife during an argument. The complainant retained her own legal counsel to assist her in the process of restoring contact with the accused after a no contact order was put in place by the court. After several months of crown pre-trials, the Firm was able to present a united defence with the complainant’s counsel, ultimately securing a withdrawal of the charge.

In the Firm’s R. v. J.D. [2021], the Firm successfully defended an individual charged with one count of assault with a weapon and one count of assault. The client was alleged to have assaulted his intimate partner while brandishing a kitchen knife. The complainant retained independent legal counsel to assist her in the process. The Firm presented a united defence with the complainant’s independent legal counsel and ultimately secured a withdrawal of the charge.

In R. v. H.T. [2019], the Firm defended a client charged with assault causing bodily harm after it was alleged that he and his domestic partner became involved in an altercation and he split her lip. After fifteen months of litigation the Firm was able to secure an absolute discharge.

In R. v. E.T. [2018], the Firm represented an individual charged with 1 count of assault and 4 counts of assault with a weapon after allegedly assaulting a young child. After engaging in negotiations with the Crown, the Firm was able to secure the withdrawal of all charges.

In R. v. W.V. [2017], the Firm represented a client charged with assault with a weapon after allegedly becoming involved in an argument with her domestic partner and throwing a burnt pizza at him, causing a laceration. After months of negotiation the Firm was able to secure the withdrawal of the charge.

In R. v. P.T. [2016], the Firm represented a client charged with assault with a weapon after allegedly threatening his domestic partner with a kitchen knife during an argument. The Firm was ultimately able to secure the withdrawal of the charge.

In R. v. A.C. [2016], the Firm represented a client charged with criminal harassment after allegedly sending hundreds of text messages to his ex-partner after their relationship ended. The Firm ultimately secured the withdrawal of the charge.

Having a complete understanding of the Elements of the Criminal Offence, Your Rights and the Consequences associated with a Criminal Record is necessary before any legal decisions are made.

Global News Morning Show: Sentencing Arguments in Assault case of Dafonte Miller.

Breakfast Television: Role of Mental Health in Court Proceedings.

Global News National: Bruce McArthur will not serve consecutive sentences – here’s why.

CBC Radio: Interview with Mayor John Tory and Jordan Donich on CBC Radio.

CTV News National: Handgun ban supported by majority of Canadians: Nanos survey.

Global News: Should Canada ban Handguns? Debate stirs after Danforth shooting.

Global News: How difficult is it to get a legal handgun in Canada.

Frequently Asked Questions

What will Happen if I am Charged with Assault or Domestic Assault in Windsor?
What is a No Contact Order?
Sentencing for Assault and Domestic Assault in Windsor

Additional Resources

Assault
Assaulting a Peace Officer
Sexual Assault Law in Canada
Consequences of a Criminal Record
Domestic Abuse
First Offenders
Immigration Consequences
Keeping Charges Private
Travel & US Waivers
Vulnerable Sector Screening
Elements of a Crime
Your Rights

What will Happen if I am Charged with Assault or Domestic Assault in Windsor?

If you have been charged with assault or domestic assault in Windsor it is important to consult with legal counsel to protect your rights and determine the best way to proceed with your case. Once arrested and charged, most accused individuals will be taken to the police station to be processed. Depending on the nature and severity of the allegations, the accused person will either be held for bail or will be released directly from the police station. If held for bail, the accused will go before the court and will be released once the court is satisfied with the conditions of release.

Once released the accused will be provided with a first appearance court date and will be placed on certain conditions. These release conditions will remain in place for the duration of the case, or until the court orders otherwise.

It is important that accused individuals abide by the conditions of their release for the duration of the case. Failure to do so could result in additional charges being laid for breaching the conditions.

What is a No Contact Order?

In cases of assault, particularly domestic assault, the court will impose a no contact condition when the accused is released from custody. A no contact order is an order by the court prohibiting the accused from having any contact, either directly or indirectly, with the complainant or any witnesses in the case. The no contact order will remain in place until the case has resolved, or until the court agrees to vary or remove it. Failure to abide by the no contact order may result in additional charges being laid against the accused.

This condition can be particularly onerous for those who have been accused of assault occurring in a domestic situation. When the complainant and accused reside together, a no contact order will make continuing to reside together impossible. As a result, the accused individual will often be forced to move out of the residence and find other accommodation until the no contact order has been lifted.

It is possible in some cases to have a no contact order removed or varied. It is recommended that an accused who wishes to have their no contact order removed or varied consult with legal counsel. The Court will only agree to remove or vary a no contact order where the complainant provides written consent and where the Court is satisfied that the accused does not pose any danger to the complainant.

Where the Court does agree to vary or remove the no contact order, the complainant will be required to provide the Court with written revocable consent. This means that if the complainant decides they no longer wish to have contact with the accused while the case is on-going, they may revoke their consent to communicate and the Court will reinstate the no contact order.

Sentencing for Assault and Domestic Assault in Windsor

Those convicted of assault including domestic assault may be sentenced to a variety of penalties ranging from fines and probation to prison. The maximum penalties associated with an assault conviction range from two years less a day in prison and/or up to a $5,000 fine to five years in prison. Maximum penalties are generally reserved the most serious cases.

In the majority of cases, those convicted of assault will be sentenced to something less than the maximum penalty. In the most minor cases, those convicted of assault may be given a peace bond or granted a discharge. These sentencing options allow the accused to complete a probationary period, after which the charges will be removed from their record.

In other cases, those convicted of assault may be sentenced to a period of probation, ordered to pay a fine or restitution to the victim, ordered to complete counselling, sentenced to house arrest or sentenced to a period of incarceration less than the maximum.

When determining the appropriate penalty to impose on an individual convicted of assault, the court will consider the facts of the case, the criminal history of the accused, the relationship between the accused and complainant and any other aggravating or mitigating factors in the case.

While domestic assault and assault are the same charge in the Criminal Code, assaults occurring in a domestic situation are considered aggravating and are often punished more severely than assaults occurring in other circumstances. Crown counsels prosecute domestic assault cases in Windsor aggressively, and in some cases, push for a term of imprisonment upon conviction.

Quick Facts

Are Assault and Domestic Assault the same Thing?

Yes. Assault and domestic assault are the same offence under the Criminal Code. While not distinct offences, assaults occurring in the context of a domestic relationship will often be prosecuted more aggressively and those convicted may be sentenced more harshly.

What if I was Defending myself and got Charged with Assault?

In situations involving a fight, police officers who attend the scene may not know the details of what occurred prior to their arrival. In these situations, they may charge everyone involved and allow the court to determine who is guilty of an offence.

Will I be Sentenced to Jail for Domestic Assault in Windsor?

In some cases, yes. Those who commit an assault in the context of a domestic relationship are often sentenced more harshly than those convicted of assaults occurring in other situations. The fact that an assault occurred in a domestic relationship will be seen as an aggravating factor in the case.

Is Assault a Serious Offence?

Yes. Assault is a violent offence and depending on the severity of the assault, those convicted may be sentenced harshly, including to a term of imprisonment. Those convicted of assault may also be prohibited from owning weapons for a period and may be ordered to provide a DNA sample to police.

What is the Difference between Assault and Self-Defence?

In Canada, individuals are legally permitted to use force to defend themselves when they have reasonable grounds to believe force is being used against them or another person, if the force is used for the purpose of defending oneself or another person, and where the force used is reasonable in the circumstances. Any force that does not meet all 3 of these requirements is considered assault.

What if I was Intoxicated when I Committed Assault?

Generally, intoxication is not a valid defence to assault. An individual who was intoxicated when they committed an assault will be guilty of the offence just as they would had they been sober at the time of the offence.

Can I get a Peace Bond for an Assault Charge?

In some cases, yes. In cases involving a minor assault, the Crown may agree to a peace bond to resolve the matter. A peace bond requires the accused person agree not to contact the complainant and be of good behaviour for the duration of the peace bond.