A charge of domestic assault occurs when there is an assault that takes place between partners in an intimate relationship. Richmond Hill Criminal lawyers should caution their clients that when a domestic assault charge is laid it is classified and prosecuted differently than a non-domestic assault charge. Intimate relationships include those between opposite sex and same sex partners, current and former dating relationships, common law partners and married couples.
When the assault occurs within a relationship, the courts will deem it to be an aggravated crime because of the prevalence of spouse and partner abuse. The presumed vulnerability of the victim, leads prosecutors to invariably prosecute against the alleged defendant when there is a reasonable prospect of conviction.
As a Richmond Hill criminal lawyer, I know that when a client is charged with a domestic related assault as opposed to a non-domestic assault, the difference lies in the specialized treatment a domestic related assault will receive by prosecutors. In domestic assault cases, if the victim also known as the complainant recants and wishes that charges be withdrawn, Crown counsel can proceed with a prosecution and often do against the victim’s wishes.