Domestic Assault Lawyer Toronto

seprator-white

Facing Domestic Violence Charges? We're here to help.
Explore our recent successful domestic assault defence cases:

seprator-white

R. V. M.M. (TORONTO)

  • Allegations: M.M. faced serious charges of possession of a loaded firearm, possession of Fentanyl and heroin for the purpose of trafficking, as well as possession of proceeds of crime. If convicted, he was facing a jail sentence of 4-6 years. The police observed a male exit a residence, approach the driver’s side of the vehicle and engage in what they claimed was a “hand to hand” drug transaction. The police then followed the vehicle and arrested M.M. During the search incident to arrest; officers located a firearm and drugs inside a satchel M.M. was wearing.
  • Defence Strategy: Charter application failed to exclude the gun and drugs from evidence. Mr. Fedorowicz argued M.M. was arrested without just cause and thereafter engaged in unreasonable search, in violation of his client’s rights under sections 8 and 9 of the Charter of Rights and Freedoms.
  • Result: Charter application was successful. Gun and drugs excluded. M.M. was found not guilty of all charges.

R. v. Brennan (APPEAL)

  • Allegations: Police locate firearms and a large amount of drugs at the residence after the execution of a search warrant. The appellant was convicted after trial of Possession for the Purpose of Trafficking x 7, Possession Proceeds of Crime, and Possession of a Loaded Firearm and sentenced to over six years in jail.
  • Argument on Appeal: The trial Judge unfairly denied the Appellant the opportunity to proceed to trial after the denial of a Charter application to have the evidence excluded.
  • Appeal granted: The Court of Appeal ruled, “The trial judge wrongly held she had no jurisdiction to allow the appellant to resile from the undertaking to plead guilty. The appeal is allowed, the convictions are quashed, and a new trial is ordered.”

R. v. D.Z. (TORONTO)

  • Allegations: After execution of search warrant, police locate firearm and drugs. The client was charged with unlawful possession of a firearm and possession of a controlled substance for the purpose of trafficking. Facing a lengthy custodial sentence if convicted.
  • Defence Strategy: By thoroughly and methodically reviewing the evidence, including the affidavit filed by police in support of the search warrant, Mr. Fedorowicz established significant issues with the Crown’s ability to prove the case beyond a reasonable doubt.
  • Result: All charges were withdrawn by the prosecutor before trial.

R. v. M.O. (BARRIE)

  • Allegations: M.O. was charged with two counts of breaking and entering. Police alleged that M.O. broke into two residences in the middle of the night but ran off after being confronted by the home’s residents.
  • Defence Strategy: Mr. Fedorowicz undermined the reliability of the eyewitness evidence and police procedure: during the cross-examination of witnesses identifying inconsistencies in the description of the suspect; the inability of the main witness to provide any descriptors of the suspect during a police statement; and, the failure of the police to conduct a police line-up or collect security video from the residence.
  • Result: Client found not guilty after trial.

R. v. A.W. (BRAMPTON)

  • Allegations: While the client’s vehicle was pulled over at a R.I.D.E. check stop, police claim they smelled the odour of cannabis. Thereafter A.W. and the vehicle are searched, revealing several drugs. The client faced charges of possession of heroin and cocaine for the purpose of trafficking.
  • Defence Strategy: During pre-trial discussions with the Crown Attorney, Mr. Fedorowicz pointed to issues with the search of the vehicle and other evidentiary issues that undermined its case.
  • Result: Charges withdrawn by Crown before trial.

Defence Against Domestic Violence Charges

Accusations of domestic assault in Ontario trigger the "zero tolerance" policy, prioritizing their gravity. Police must press charges upon accusation, leading to stringent bail conditions, potentially including no-contact orders and compulsory court appearances. Severe cases may demand a bail hearing. Specialized Crown Attorney teams handle these cases, resulting in harsher penalties and stricter probation terms upon conviction. If you face such charges, consult with a domestic assault lawyer in Toronto for guidance and representation.

image-01
image-02

Understanding Domestic Violence Laws

Assault, defined under section 265 of the Criminal Code, encompasses various assault allegations, including domestic assault charges. Generally, it involves the intentional application of force, directly or indirectly, without consent. Assault can also entail attempted or threatened force. Actions like hitting, kicking, punching, or pushing someone without consent may constitute an assault, with no injury required.

Domestic assault involves accusations between 'intimate partners'—current or former spouses, common-law partners, or dating partners. Such cases differ significantly from other assault allegations, as they are prosecuted differently by the Crown Attorney's office.

Toronto Domestic Assault Penalties

A conviction for domestic assault carries significant repercussions, including the possibility of a criminal record, fines, probation orders, and potential incarceration.

  • Conviction Consequences: Domestic assault convictions may lead to a criminal record, jail time, fines, and probation, particularly in injury cases.
  • Imprisonment Terms: Maximum jail sentences vary depending on the prosecution method, with summary conviction carrying up to 2 years less a day and indictment up to 5 years.
  • Sentence Severity: The harm to the complainant often influences the judge's sentencing, which may include counselling or fines for less severe allegations or even a "discharge" with no criminal record.
  • Defence Options: Various defence strategies exist to contest domestic assault allegations, making it crucial to consult a lawyer before court proceedings.
  • Consequences Overview: Convictions can seriously impact employment, immigration status, travel, family, reputation, and freedom if jail time is imposed.
image-03
image-01

What Happens If You Are Charged With Domestic Assault?

When charged with domestic assault, a person is typically held in jail for a bail hearing. This hearing determines whether they can be released from custody, with or without supervision, and sets rules to follow until their court case concludes.

The police may detain the accused, even if they have no prior criminal history or are considered an outstanding citizen.Bail conditions are often stringent and can limit contact with the complainant, even if the complainant desires contact.

Additionally, the accused may be required to stay away from the family residence, regardless of legal ownership, if the complainant still resides there. These bail conditions usually remain in effect until the criminal charge is resolved unless modified by the judge or Crown Attorney.

Domestic Assault Lawyer: What Should You Look For?

When seeking a domestic assault lawyer, certain crucial factors can make all the difference in your legal representation. Here's what you should look for:

  • Expertise In Domestic Assault: Ensure the lawyer specializes in domestic assault cases, possessing a deep understanding of the unique complexities involved.
  • Track Record Of Success: Investigate their past cases and successes, as a proven record can instill confidence in their ability to secure a favourable outcome.
  • Trial Experience: Assess their courtroom experience, as an attorney skilled in trial proceedings can better defend your rights in court if necessary.
  • Client Testimonials: Reviews and testimonials from previous clients provide valuable insights into the lawyer's professionalism and effectiveness.
image-02

Richard Fedorowicz, Your Domestic Assault Lawyer In Toronto

Criminal defence demands excellence, and in Toronto, Richard Fedorowicz stands as a reputed domestic assault lawyer. With a proven track record and unwavering commitment to your defence, Richard Fedorowicz is your optimal choice for expert legal representation. His experience and dedication set him apart in navigating complex domestic assault cases.

  • Experience: With 20+ years of experience, Richard possesses in-depth knowledge of domestic violence laws and court procedures.
  • Track Record: Richard has a proven track record of achieving favourable outcomes for clients facing domestic assault charges.
  • Personalized Approach: Richard offers individualized attention, considering your case's distinctive elements, and develops a customized defence strategy.
  • Strong Advocacy: Richard is a relentless advocate, fighting to protect your rights and best interests.
  • Compassionate Support: Richard offers empathetic support, recognizing the emotional toll of domestic assault cases and guides you through the legal process with care.

Strategies For Legal Defence Against Domestic Assault Allegations

Crafting a strong defence strategy is paramount when facing domestic assault charges, as the consequences of a conviction can be severe. At Fedorowicz Law, Richard develops effective defence strategies tailored to protect your rights.

  • Meticulous Evidence Analysis: Richard Fedorowicz leaves no stone unturned in his approach to domestic assault cases.
  • Challenging The Prosecution: Richard relentlessly challenges the prosecution's case at every juncture.
  • Raising Reasonable Doubt: The cornerstone of an effective defence strategy is raising reasonable doubt. Richard's objective is to create doubt in the minds of the judge and jury regarding your guilt.
  • Pursuing Acquittal Or Favorable Resolution: Richard Fedorowicz is committed to securing the best possible outcome for your case.
  • Vigorous Advocacy: With Richard as your advocate, you can trust that he will vigorously fight for your defence.

With Fedorowicz Law, you can trust that your domestic assault case is in capable hands. Contact us today for a confidential consultation.

Need A Strong Criminal Defence Lawyer? Get In Touch With Fedorowicz Criminal Law Today

Richard Fedorowicz is dedicated to protecting your rights and fighting for your freedom. Fedorowicz Criminal Law has a proven track record of success in handling a wide range of criminal charges and providing the best criminal defence legal services.

Contact Us

Get A Free Consultation

Contact our seasoned team today to arrange a confidential consultation.

Call Now:
249-266-4222

    Recent Blogs

    seprator-black

    May 27, 2024

    In Canada, the Criminal Code of Canada and associated acts, such as the Controlled Drugs and Substances Act, divide criminal offences into three categories: “summary,” “indictable,” and “hybrid“. Knowing the difference between these categories is essential to understanding the potential consequences if you or a loved one has been charged with a criminal offence. This… Continue reading Summary vs Indictable Offences: The Differences

    Read More

    May 8, 2024

    While several types of judicial authorization can be issued, the most common type is the search warrant.  A search warrant is a written order issued by a judge or justice of the peace giving the police the authority to perform a search at a specific location, to look for particular items and take into custody… Continue reading What To Do When a Search Warrant Is Executed?

    Read More

    April 30, 2024

    What if you didn’t commit the crime you’re being accused of?  Assault is a very serious allegation, and a conviction could have wide-reaching consequences. These consequences go beyond being convicted and potentially facing prison time. A criminal record can severely impact your chances to keep or secure employment or travel, and we’re not even talking… Continue reading How to Win an Assault Charge in Ontario

    Read More