DOMESTIC ASSAULT
Experienced Counsel
We have been very successful in defending assault allegations.
I have had hundreds of assault & related charges withdrawn over my career.
If you are in a relationship with someone and the police charge you with assault, often the Crown and police will label the charge as domestic assault.
The immediate consequences can be severe: held in custody until bail is granted and loosing access to your home, children and spouse.
The Crown has a mandate to take an aggressive approach to domestic violence.
It is not up to the complainant or victim to withdraw the charges.
You need an experienced lawyer who can properly guide you through the criminal process whether that is getting access back to your home, children or spouse.
If the relationship is over, we will fiercely defend you against the allegations.
Before agreeing any form of resolution, you should speak to a lawyer to understand how the consequences may personally affect you.
MY PREVIOUS RESULTS
R V S. S.
ASSAULT, WEAPONS DANGEROUS, UTTER DEATH THREAT
This set of charges arises from the client allegedly threatening to kill his wife, assaulting her, and using a knife in the commission of these offences.
The client was a middle-aged father. He did not have a criminal record nor was he ever previously involved in the criminal justice system. His employer completed annual criminal record checks. The Crown was seeking a suspended sentence on a plea which would have resulted in a criminal record for the client.
Before trial, the Crown informed John that the witness was ‘on the side of the defence’ and to not expect any incriminating evidence as she would recant the allegations. However at trial, the wife assertively testified that she was assaulted, threatened with her life, and that a knife was used.
John was able to secure an acquittal for the client through effective cross-examination of the complainant, resulting in a finding that the Crown had not proven its case beyond a reasonable doubt.
John’s client avoided a criminal record and was able to maintain his employment.
R V M. S.
ASSAULT X 3
This set of assault charges arises out of a same sex relationship. John’s client was alleged to have a drinking problem. During the course of her relationship, the complainant alleged John’s client would drink, argue and then assault her lesbian partner numerous times.
Through aggressive cross-examination, John was able to destroy the credibility of the complainant. John found lots of inconsistencies. John presented a theory that the allegations were made up because the complainant was jealous her lesbian partner cheated on her with a man.
At trial, it was easy for John to convince the judge that the Crown had not proven its case beyond a reasonable doubt.
John’s client avoided a criminal record and was able to maintain her employment.
R V B. S.
ASSAULT
John’s client was a hard working young man who had just returned from a Christmas party with his spouse. His spouse called the police after she claimed they were drinking and arguing and he assaulted her.
The Crown was seeking give John’s client a suspended sentence which would result in a criminal record and probation.
John’s client wanted to plead guilty and claimed, “I did it”.
Through precise preparation and careful negotiation, John was able to convince the Crown to withdraw the charges against his client and have him enter a peace bond. This ensured that John’s client had no criminal record, finding or admission of guilty.
R V. C. B.
DOMESTIC / SPOUSAL ASSAULT
John's client was charged with elbowing his ex-wife in the face. The ex-wife had given a video statement to police detailing the assault.
John's client had also recently cheated on his ex-wife and was caught borrowing her car to pick up his new mistress and having sex in his ex-wife's bed. It's fair to say the ex-wife was mad.
John's client had a history of domestic assault with the same ex-wife.
The wife before trial, the Crown offered a conditional discharge if John's client plead guilty. Prior to that, the Crown was asking for a suspended sentence which would have given John's client a criminal record.
John was throughly prepared to cross examine all the witness and prepared his own client to testify. This would have made the court consider a R v WD analysis. John had more than enough for reasonable doubt.
On the day of trial, the Crown offered an 810 peacebond and to withdraw the criminal charges. John was able to guarantee that his client did not have a criminal record. This was very important for custody considering his client had 3 children with the ex-wife.
R V M. S.
ASSAULT x 2, MISCHIEF, UTTER DEATH THREAT
John's client was a hardworking man who came home to find out his wife was having an affair. In a fit of rage, he destroyed her cellphone and threatened to kill her and her family.
His wife called the police and he was arrested.
John's client quickly arranged the right people and organizations to connect with his client. John's client did some upfront counselling and the Crown wanted to withdraw his client's charges.
However, the now ex-wife of John's client wanted to take advantage of these criminal charges in a domestic context with the children.
After much negotiation and patience, John's client was finally able to secure a withdrawal of his charges and continue living without a criminal record.
R V C. K.
DOMESTIC ASSAULT
John's client was charged with domestic assault after he got into an argument with the mother of his children.
Every new parent knows the stress and sleepless nights involved with a young baby. After a few sleepless night, John's client got into a fight and allegedly assaulted the mother of his children in front of his other children.
Further, this occurred during COVID when everyone was stuck at home.
Police were called and John's client was ordered to stay away from his kids, partner, and home.
After retaining John, he was able to quickly get C. K. enrolled in domestic violence social services and treatment. John has an excellent relationship with social services and workers. He was quickly able to get enrolled in programming.
Within days of retaining John, John was able to change C.K.'s release order and who was soon able to see his family.
After a few weeks of counselling, the Crown Attorney agreed to withdraw all the charges against his client.
John's client was able to continuing living life free of a criminal record.
R V A. P.
DOMESTIC ASSAULT
John's client was a female accused person who was charged with domestic violence.
John's client was held for bail and not released from the police station and was released after a few hours in bail court.
Her partner was in the military and she was arrested by military police.
After conducting a crown pre-trial, the Crown Attorney agreed to withdraw the charges against her.
R V L. P.
DOMESTIC ASSAULT; DOMESTIC MISCHIEF
John's client was driving back home and got into an argument with his girlfriend. He threw her phone out of the car and it smashed.
Someone quickly called police and the police located the motor vehicle John's client and his partner were in.
The complainant was crying and was obviously distressed.
John's client was arrested after the police officer found out what had occurred.
L. P. was ordered not to communicate with his girlfriend.
After retaining John, John was able to amend the conditions for contact and was able to secure a withdrawal of all charges.
John's client continued to work with issue or criminal record.
R V J. P.
ASSAULT x 5, UTTER DEATH THREAT
John's client was charged with allegedly assaulting his partner multiple times over the course of months.
Every time John's client broke up with his girlfriend, she threated to call the police on him and injure herself.
He supported her financially.
After producing unrelated video evidence of the complainant behaving aggressively against John's client, the Crown Attorney agreed to withdraw all the charges.
John's Aboriginal client charged with criminal offences was able to continue working in the mines without an issue.