Facing a domestic assault charge in Alberta can be overwhelming, especially if you are unfamiliar with the legal process. Many assume that being charged automatically leads to a conviction, but that is not always the case.
In Canada, the presumption of innocence ensures that every accused person is considered innocent until proven guilty beyond a reasonable doubt.
Domestic assault cases are taken seriously under Section 265 of the Criminal Code of Canada, but the burden of proof falls on the prosecution.
Whether a charge leads to a conviction depends on several factors including the strength of the evidence, witness credibility, and the defence strategy used.
If you or a loved one is facing domestic assault allegations understanding your legal options and working with a skilled criminal defence lawyer in Edmonton can significantly impact the outcome of your case.
What Happens When You’re Charged With Domestic Assault?
Under Section 265 of the Criminal Code of Canada, assault is defined as the intentional use of force against another person without their consent.
Domestic assault cases involve individuals in intimate or familial relationships, including:
- Spouses or common-law partners
- Dating partners
- Family members living in the same household
When police receive a domestic violence complaint, they are required to investigate. In many cases, they proceed with charges even if the alleged victim does not want to press charges.
This is because domestic assault is treated as a criminal offence, meaning it is the Crown, not the complainant, who decides whether charges move forward.
Does Being Charged Mean You Will Be Convicted?
Being charged with domestic assault does not mean you will automatically be convicted. The legal system operates on the principle of presumption of innocence, meaning that the prosecution must prove the charges beyond a reasonable doubt.
Several factors influence whether a charge results in a conviction:
- Strength of the evidence – Physical injuries, witness statements, text messages, and video footage can play a role in determining guilt or innocence.
- Credibility of the complainant and witnesses – If the accuser has inconsistencies in their statements or a history of making false allegations, this can weaken the prosecution’s case.
- Legal defences presented – A strong defence strategy can challenge the prosecution’s arguments and highlight reasonable doubt.
Common Defences Against A Domestic Assault Conviction
A criminal defence lawyer in Edmonton can use several legal defences to fight domestic assault charges and avoid a conviction.
1. Lack of Evidence
The prosecution must present clear and compelling evidence to prove the charge. If there is no physical evidence, witness testimony, or credible proof, your lawyer can argue that the case should be dismissed due to insufficient evidence.
2. Self-Defence
Under Section 34 of the Criminal Code of Canada, individuals have the right to use reasonable force to defend themselves against harm.
If you acted in self-defence, your lawyer can present evidence showing that:
- You had a reasonable belief that you were in danger
- Your actions were necessary to protect yourself
- The force used was proportionate to the threat
3. False Allegations
In some cases, domestic assault accusations are false or exaggerated, often due to:
- Custody battles – One party may use allegations to gain leverage in family court.
- Revenge or anger – False claims may be made to punish the accused.
- Misunderstandings – Disagreements may be misrepresented as violence.
If the accuser has a motive to lie, your lawyer can expose inconsistencies in their testimony.
4. Consent Or Accidental Harm
In some cases, the alleged victim may have consented to the actions (e.g., in playful or mutual physical interactions).
Additionally, if the injury was caused accidentally rather than intentionally, this can serve as a defence.
What Happens If There Is A No-Contact Order?
If you are charged with domestic assault, the court may impose a no-contact order or peace bond under Section 743.21 of the Criminal Code.
These conditions may prevent you from:
- Communicating with the alleged victim
- Returning to your shared residence
- Seeing your children (in some cases)
Violating a no-contact order can result in additional criminal charges, making it essential to follow all legal conditions while your case is ongoing.
If the order is unfair or causes significant hardship, your lawyer can petition the court to modify it.
Can A Domestic Assault Charge Be Dropped Before Trial?
Yes, domestic assault charges can be withdrawn or dropped under certain circumstances. The Crown prosecutor may decide to withdraw charges if:
- The complainant changes their statement – If the alleged victim recants or refuses to testify, it may weaken the prosecution’s case.
- There is insufficient evidence – If there is no clear proof of the alleged assault, the case may not proceed.
- Diversion programs – In some cases, the accused may be eligible for alternative measures, such as counselling, instead of a criminal trial.
Consequences Of A Domestic Assault Conviction In Alberta
If convicted of domestic assault, you could face serious legal consequences, including:
- A permanent criminal record (which affects employment and travel).
- Potential jail time (sentences vary based on severity).
- Probation, fines, and mandatory counselling programs.
- Impact on child custody and future relationships.
These penalties highlight the importance of building a strong defence to avoid a conviction.
Why You Need A Criminal Defence Lawyer To Fight Domestic Assault Charges
An experienced domestic assault lawyer in Edmonton can help you:
- Analyze the evidence and identify weaknesses in the prosecution’s case.
- Challenge false allegations and expose inconsistencies in witness statements.
- Negotiate with the Crown prosecutor to seek case dismissal or a reduced charge.
- Protect your rights throughout the legal process.
Take Action: Get Legal Help To Fight A Domestic Assault Charge
A domestic assault charge does not automatically lead to conviction, but failing to act quickly can put your freedom, reputation, and future at risk. If you have been accused of domestic assault in Edmonton, seeking legal representation is the best way to ensure a fair trial and strong defence.
Slaferek Law is a trusted criminal defence law firm in Edmonton, specializing in domestic assault defence, drug offences, and other criminal charges. With nearly two decades of experience, we provide dedicated legal representation to protect our clients’ rights.
Contact Us today for a confidential consultation.
