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Markham Family Violence Defence

Defences to Family Violence Charges in Markham, Ontario

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The punishment for family violence in Markham is severe. Due to the level of punishment you can face, it is extremely important to hire an experienced domestic violence lawyer to assist you in defending the case.

Family violence is a pervasive issue in Markham, with an estimated one in three women experiencing some form of intimate partner violence in their lifetime, according to a study by the Canadian Criminal Code. Understanding your rights and options regarding your family violence defence is crucial if you are charged with family violence. This guide will explore the various defences available, the types of charges you may face, and the potential consequences of a conviction.”

Family violence is a broad term encompassing many behaviours, including uttering threats, physical assault, and sexual assault. The Criminal Code of Canada usually prosecutes these behaviours in Markham, which outlines particular offences related to family violence.

The consequences can be severe if you are convicted of family violence defence in Markham. In addition to potential fines and jail time, a conviction can have long-term impact on your personal and professional life. You may be prohibited from owning firearms and have difficulty finding employment or housing. You may also lose custody of your children and be subject to a restraining order or other conditions. It is crucial to have a strong family violence defence strategy in place to protect your rights and minimize the potential consequences of a conviction.

  • Why Hire a Family Violence Defence Lawyer is Important in Markham
  • What is the Best defence for Family Violence offences in Markham
  • 5 Expert Strategies to Build the Best defence for Family Violence Charges in Markham
  • Understanding the Penalties and Defences for Family Violence Charges in Markham
  • Bail and Court Procedures for Criminal Defence Against Family Violence in Markham

Why Hiring a Family Violence Defence Lawyer is Important in Markham

Defending family violence charges is a specialized area of criminal law in Markham that requires an experienced and skilled defence lawyer. Hiring a family violence defence lawyer is crucial to protect your rights and interests if you are facing family violence charges. This section will discuss why hiring a family violence defence lawyer is important in Markham.

Expertise in Defending Family Violence Charges

Family violence defence lawyers have in-depth knowledge and experience defending clients against family violence charges. They understand the nuances of family violence cases and are familiar with the legal procedures, evidence, and strategies needed to build a strong defence.

A family violence lawyer will assess the facts of the case, identify the strengths and weaknesses of the prosecution’s case, and develop a defence strategy tailored to the unique circumstances of your case.

Advocates for Your Rights and Interests

Family violence defence lawyers will advocate for your rights and interests throughout the legal process. They will ensure that you receive fair treatment and due process and protect you from harassment or intimidation from the prosecution or law enforcement.

A family violence lawyer will also provide you with legal advice, answer your questions, and keep you informed about the progress of your case. They will work with you to develop a defence strategy that aligns with your goals and objectives, whether to negotiate a plea bargain or go to trial.

Investigation and Evidence Gathering

A family violence defence lawyer will thoroughly investigate the facts of the case and gather evidence to support your defence. They will interview witnesses, review police reports, and analyze your medical records or other evidence.

By gathering evidence, a family violence defence lawyer can build a strong defence that challenges the prosecution’s case and raises doubts about your guilt. They can also use the evidence to negotiate a plea bargain or to present a compelling defence at trial.

Negotiation and Trial Experience

A family violence defence lawyer has the negotiation and trial experience to represent you effectively. They can negotiate with the prosecution to reach a favourable outcome, such as reduced charges or penalties.

If the case goes to trial, a defence lawyer will have the trial experience and skills needed to present a strong defence. They will cross-examine witnesses, challenge the prosecution’s evidence, and make persuasive arguments on your behalf.

As a result, hiring a family violence defence lawyer is important in Markham if you are facing family violence charges. A defence lawyer can provide you with the expertise, advocacy, investigation, and negotiation skills needed to build a strong defence and protect your rights and interests. Hiring a family violence defence lawyer increases your chances of achieving a favourable outcome in your case.

What is the Best defence for Family Violence offences in Markham

Family violence charges can have serious consequences in Markham, including imprisonment, fines, and damage to your reputation. Building the best defence possible is essential if you are facing family violence charges, and this section will discuss the best defence for family violence offences in Markham.

Self-defence

In family violence cases, people commonly use self-defence as a defence strategy. If you believe that you or someone else is in immediate danger of harm and used reasonable force to protect yourself, you may have a valid argument to support your actions.

However, it is important to note that the force used must be proportionate to the threat posed. A skilled family violence defence lawyer can help you build a self-defence case that justifies your actions.

Mistaken Identity

In some cases, the accused may argue that they were not the perpetrator of the family violence offence. It is commonly known as the mistaken identity defence.

As a result of a false accusation of family violence, a family violence defence lawyer can investigate the case, gather evidence, and build a defence strategy based on mistaken identity. This may involve identifying inconsistencies in the victim’s testimony or providing alibis for the accused.

Lack of Intent

Family violence charges require the prosecution to prove that the accused intended to commit the offence. If the accused did not intend to commit the violation, they might be able to argue that they are not guilty of the crime.

Challenging the Evidence

Challenging the evidence is a common defence strategy in family violence cases. This may involve arguing that the evidence against the accused was obtained illegally, unreliable, or not admissible in court.

A skilled family violence defence lawyer can help identify weaknesses in the prosecution’s case and challenge the evidence against the accused. This may include cross-examining witnesses, reviewing police reports and other evidence, and presenting alternative evidence to refute the prosecution’s case.

Lastly, building the best defence for family violence charges in Markham requires an experienced and skilled family violence defence lawyer. Common defence strategies in family violence cases include self-defence, mistaken identity, lack of intent, and challenging the evidence. A family violence defence lawyer can assess the facts of your case, identify the best defence strategy, and work to achieve a favourable outcome.

Do Not Hesitate To Contact Us If You Have Received A Criminal Offence in Markham

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5 Expert Strategies to Build the Best defence for Family Violence Charges in Markham

Facing family violence charges can be overwhelming and stressful. It is crucial to have a skilled defence lawyer on your side who can help you build the best defence strategy possible. This section will discuss five expert strategies to build the best defence for family violence charges in Markham.

Hire an Experienced Family Violence defence Lawyer

Hiring an experienced family violence defence lawyer is the first and most critical strategy to build the best defence for family violence charges. An experienced lawyer will understand the nuances of family violence laws in Markham and have a proven track record of successfully defending family violence cases.

A skilled family violence defence lawyer can evaluate the evidence, identify weaknesses in the prosecution’s case, and build a strong defence strategy that can increase the chances of a favourable outcome in your case.

Gather Evidence to Support Your Defence

Gathering evidence to support your defence is another critical strategy to build the best defence for family violence charges. This may include collecting witness statements, police reports, and medical records. The evidence can help your defence lawyer to identify inconsistencies in the prosecution’s case, refute allegations, and provide a stronger defence strategy.

Build a Strong Alibi

Building a strong alibi is another effective strategy for the best defence for family violence charges. If you were not present at the crime scene at the time of the offence, a solid alibi could help refute the prosecution’s case against you.

Your defence lawyer can work with you to identify witnesses, gather evidence, and build a strong alibi that supports your defence strategy.

Use Psychological Evaluations

Psychological evaluations are a valuable strategy to build the best defence for family violence charges. These evaluations can help establish the defendant’s mental state during the offence, identify any underlying issues, and provide a basis for defence.

Your defence lawyer may work with a forensic psychologist to evaluate your mental state, identify any mental health issues, and use the evaluation to build a defence strategy that supports your case.

Negotiate a Plea Deal

Negotiating a plea deal is another effective strategy for building the best defence against family violence charges. A plea deal involves an agreement between the prosecution and defence where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence.

Your defence lawyer can negotiate with the prosecution to secure a favourable plea deal that reduces the charges, fines, or jail time. A plea deal can be an effective strategy to avoid a lengthy and costly trial.

As a result, building the best defence for family violence charges in Markham requires a strategic approach and a skilled family violence defence lawyer. To build the best defence for family violence charges, experts recommend actively hiring an experienced lawyer, gathering evidence to support your defence, building a strong alibi, using psychological evaluations, and negotiating a plea deal. With the right defence strategy and lawyer, you can increase your chances of a favourable outcome in your case.

Understanding the Penalties and Defences for Family Violence Charges in Markham

If you are facing family violence charges in Markham, it is crucial to understand the potential consequences and defences available to you. This section will cover the penalties for family violence charges in Markham and the possible defences one can use to contest these charges.

Penalties for Family Violence Charges in Markham

The penalties for family violence charges in Markham vary depending on the severity of the offence and the defendant’s criminal history. The penalties for family violence charges in Markham may include the following:

  • Jail time: Defendants convicted of family violence charges in Markham may face significant jail time, depending on the severity of the offence.
  • Fines: Defendants may also face significant penalties if convicted of family violence charges in Markham.
  • Probation: Courts may also place defendants on probation, which requires them to adhere to specific conditions set by the court.
  • Restraining orders: The court may also issue restraining orders prohibiting defendants from contacting the victim or entering certain areas.

Defences to Family Violence Charges in Markham

In Markham, you can use several defences to fight family violence charges. Some of the potential defences are:

    • Self-defence: If the defendant acted in self-defence or defended others, this might be a valid defence to family violence charges.
    • False allegations: If the allegations against the defendant are false, the defendant may be able to fight the charges by presenting evidence to refute the allegations.
    • Lack of intent: If the defendant did not intend to cause harm, this might be a valid defence to family violence charges.
    • Consent: If the victim consented to the defendant’s actions, this might be a valid defence to family violence charges.
    • Duress: If the defendant was under duress or threatened with harm if they did not commit the alleged offence, this might be a valid defence to family violence charges.

Mental incapacity: If the defendant was suffering from mental incapacity at the time of the alleged offence, this might be a valid defence to family violence charges.

Family violence charges in Markham can have severe consequences, including significant fines and jail time. To fight these charges, you can use several defences, such as self-defence, false allegations, lack of intent, consent, duress, and mental incapacity. If you are facing family violence charges in Markham, hiring an experienced defence lawyer is essential. They can evaluate the evidence and build a strong defence strategy that increases your chances of a favourable outcome in your case.

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Bail and Court Procedures for Criminal Defence Against Family Violence in Markham

If you are facing criminal charges for family violence in Markham, it is crucial to understand the bail and court procedures involved in your case. This section will discuss the bail process, court procedures, and what you can expect when facing criminal defence against family violence charges in Markham.

Bail Procedures for Criminal Defence Against Family Violence in Markham

After being charged with a family violence offence, the accused will typically be taken into custody and held for a bail hearing. The bail hearing is where the court determines whether or not the accused can be released from custody while awaiting trial. The following are some important things to know about the bail process for family violence charges in Markham:

  • Factors considered: The court will consider several factors, such as the nature of the offence, the accused’s criminal history, and the likelihood that the accused will attend court dates when deciding whether or not to grant bail.
  • Bail conditions: If the court grants bail, it may require the accused to comply with specific bail conditions, such as refraining from contacting the victim or surrendering their passport.
  • Failure to comply: If the accused fails to comply with the bail conditions, they may be taken back into custody, or a revocation of their bail may occur.

Court Procedures for Criminal Defence Against Family Violence in Markham

In Markham, criminal defence against family violence charges typically involves the following court procedures:

  • Disclosure: your defence lawyer will obtain and review all of the evidence that the Crown has against you.
  • Pretrial conferences: Pretrial conferences are meetings between the Crown and the defence to discuss the case’s progress and explore the possibility of a plea bargain.
  • Trial: If the case goes to trial, the Crown will present its evidence, and the defence will have the opportunity to cross-examine witnesses and present their case.
  • Sentencing: If the court finds the accused guilty, it will sentence them. The sentence will depend on several factors, such as the severity of the offence and the accused’s criminal history.

Find Yourself The Best Family Violence Defence in Markham

In conclusion, criminal defence against family violence charges in Markham can be complex and challenging. Understanding the bail and court procedures is crucial to protect your rights. If you face family violence charges in Markham, it’s vital to enlist the services of an experienced defence lawyer. The lawyer can assist you in navigating the process and developing a robust defence strategy that improves your chances of obtaining a favourable outcome in your case. Remember, family violence is a serious crime that can have severe consequences. If you are facing charges or have been accused of family violence, take immediate action and seek legal help.

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    Sheldon Wisener dedicated to your rights

    Sheldon Wisener has been defending clients facing a wide variety of criminal charges and has conducted trials in all levels of court. He was called to the Bar in 1986, and is a former Director of the Criminal Lawyers Association of Ontario. He was appointed to the Personal Rights Panel of the Office of the Children’s Lawyer in 2003, and is a member of the Board of Directors of York Region Law Association. Mr. Wisener has been a part-time Assistant Crown Attorney since 1999, and is highly respected by judges, crown attorneys, and colleagues.

    How We Help our experience is your advantage
    The initial in-person consultation to discuss your legal matter is FREE. The consultation is a personal meeting with your criminal lawyer directly, and not an Associate. This is perhaps the most stressful time of a person’s life and thus there is no time limit to the meeting. Our experience includes a wide range of criminal and quasi-criminal litigation with a strong focus on domestic offences. When you come in and visit us we will evaluate your case and we will take whatever time is necessary to carefully review and discuss your criminal matter in a professional environment.

    Areas Of Expertise what we excel at
    • Domestic Crimes
    • Criminal Harassment
    • Weapons Charges
    • Drug Charges
    • Repeat Offenders
    • Violent Crimes
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    Markham Family Violence Defence

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    Markham Family Violence Defence With Consistent Results

    We fight family violence charges to the ground and our success rates speak for themselves.

    Invaluable Experience

    Domestic Violence

    As experienced criminal lawyers, we are successful at gathering necessary information to defend you against domestic violence charges.

    Domestic Assault

    We have shown consistently favorable results when defending our clients against domestic assault charges utilizing detailed investigation strategies.

    Aggravated Assault

    As recognized criminal lawyers, we believe in upholding your freedom from all consequences arising from a wrongful aggravated assault charge.

    Available 24/7 For Immediate Assistance

    Superior Knowledge

    Criminal Harassment

    Our team of criminal defence lawyers have extensive experience studying evidence and can likely provide a strong defense on your behalf at trial.

    Drug Charges

    We explore all possibilities when defending clients who are facing drug charges and we strive to fight your case in the best way possible.

    Family Violance

    Our reputable criminal lawyers will protect you in court and make sure that you receive the best possible defense against any family violence charges.

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