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  1. #1
    Join Date
    Dec 2009
    Posts
    3

    Default Domestic Violence: Assault Causing Bodily Harm Charges

    My question involves criminal law for the province of: Ontario, Canada

    I have a few concerns and is seeking help. (I'm not directly involved in the matter).

    The case is regarding a domestic dispute resulting in the man being charged of Assault Causing Bodily Harm.

    They had a relationship/ history of mental, verbal and physical abuse - totally unhealthy. She has called the cops on him a few times but never pressed charges. Last year, during a verbal altercation, it became physical. end result: he ended up punching her and leaving her with a black eye. - she has pictures to prove it and did seek medical assistance but nothing "major" aside for the visual proof. 3 months after the incident, she decided to press charges and he is now charged of ACBH - first offence. Needless to say that their relationship ended on bad terms (right after the incident). He has been offered a plea deal: 3-6 months house arrest + 2 years probation.

    Questions: Would it be wise to avoid jail time by taking the plea deal, but still having a criminal record OR taking the risk of pleading not guilty, going to trial and losing the case? Is there enough substance for him to actually win a case of that nature by claiming self defence? Is there any other way of avoiding jail time/criminal record? What to do, what to do

    Thank you for any feedback!

  2. #2
    Join Date
    Dec 2009
    Location
    FW, Texas
    Posts
    2

    Default Re: Domestic Violence: Assault Causing Bodily Harm Charges

    Will they not offer a deferred type of probation? In the states, at some point, the case could possibly be dismissed or expunged.

    Self-defense will be very far-fetched. Take the time. Get it expunged later.

  3. #3
    Join Date
    Dec 2009
    Posts
    3

    Default Re: Domestic Violence: Assault Causing Bodily Harm Charges

    Thank you for your reply.

    Im not sure how the probation laws are here - i'd have to look into that but I do know that they can reduce any sentence on "good behavior"...
    So, from what you're telling me, as a first time offender, the likelihood of getting a harsh sentence is minimal?
    Because, to tell you the truth, i dont thing the case has a lot of "substance", she has pictures, yes.. but even if they went to trial, I dont see how she can REALLY prove that he was the one who punched her? There are many factors that come into play, no?

  4. #4
    Join Date
    Dec 2009
    Posts
    3

    Default Re: Domestic Violence: Assault Causing Bodily Harm Charges

    If anybody else have any advice or helpful tips... please, let me know. All your info is greatly appreciated. Thank you!

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Domestic Violence: Assault Causing Bodily Harm Charges

    In most states, DV convictions may not be expunged.

  6. #6
    Join Date
    Jan 2010
    Posts
    1

    Default Re: Domestic Violence: Assault Causing Bodily Harm Charges

    I'm interested in this topic. My problem also is same Domestic Violence. I dont know how to post here. I really need some advice. I'm confused and dont know what to do.
    sorry for posting in this thread.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Domestic Violence: Assault Causing Bodily Harm Charges

    Start your own thread and ask your question.

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