The most painful thing in a domestic assault is that the guilty will be taken away from the family and children. This makes this crime very different from the other criminal cases in Oshawa. Therefore, it is very important for the suspect to prove innocence or try to reduce the sentence with the help of Oshawa criminal lawyer. The following guide will prepare the individual about the complete process of the case and how to survive through the process and after the verdict.
- Pleading guilty
In any criminal case, there would be arraignment – a sort of first appearance in the court. There wouldn’t be much fuzz about it and the individual would be notified about the charge. It is important the person pleads innocence as it can help the lawyers to have time understanding or investigating the case. Take help of a lawyer from Brain Ross Law Firm to understand the process and the difference between the outcome when one pleads guilty and innocence. If the individual pleads guilty, this will be used against him during the court sessions and there is less chance for the verdict to be favorable.
- No Contact Orders
It is common in domestic assault for the court to produce legal papers asking the suspect to not contact the victim and any other important sources. This could result in taking a different home, leaving the work place, etc. Such orders should never be violated as that can cause serious implications and the possible outcome would be worse than the one expected in the beginning. The No Contact Order should be followed till the termination of the date even if the two parties are willing to get united again. If there is a violation, even because the victim is reunited with the defendant, the suspect will go to jail.
- Legal Help
It is quintessential for the suspect to hire a lawyer, unless he is a domestic lawyer himself. There are two types of legal help one could get – public defender and private attorney. Although, there are passionate public defenders it is difficult to find them or run on their schedule. Therefore, it is advisable to select a private attorney from criminal lawyers in Oshawa. The private attorney can provide ample time on the case and understand the investigation in a proper manner. Further, the public defender is assigned by the legal system so we can’t really get to know who will be assigned to us and how effective the lawyer is going to be. On the contrary, a private attorney hired from a law firm is our choice.
- The trial
There are many clients who don’t want to go to a trial as it can be really stressful and expensive. However, there are two major reasons for an individual to attend the trial – avoiding criminal conviction and getting settlement claims prior to the actual trial. An Oshawa criminal lawyer will use the following tactics in the trial:
- Self-defense
- Burden of proof
- Absence of witness to the trial
All these points are used against the prosecutor and the opponent to ensure that justified theory is established while judging the domestic assault.
- Agreements
There are many contracts made between the suspect and the victim. Everyone should be followed, especially if it is a legal one and is given by the court.
- Charges
There are high levels of possibilities to re-file the domestic assault under a less severe charge. The professional criminal lawyers in Oshawa can help the defendant by portraying his criminal history, public records, etc. which enable the court to understand that the defendant is not threatening. The sentence can be given by considering the defendant categorized as involved in or with:
- Disorderly conduct.
- Simple assault charge without any DV tag.
By knowing these things an individual charged with domestic assault can go through each of the phases in a composed manner and look at things with a knowledgeable mind.