Domestic Assault Charges in Burlington
If you have been charged with domestic assault, assault causing bodily harm in a domestic context, uttering threats, criminal harassment, and breach of recognizance in Burlington, the consequences are serious. Domestic assault has no mandatory minimum for a first offence but sentencing ranges from a discharge to 5 years imprisonment (by indictment). Aggravating factors include injuries, weapons, children present, or breach of a court order.
Burlington residents charged with criminal offences will typically have their cases heard at the Milton courthouse, which serves all of Halton Region. For some matters, cases may also be directed to the John Sopinka Courthouse in Hamilton. Halton Regional Police patrols Burlington, and common charges include impaired driving, domestic assault, and fraud. An experienced defence lawyer familiar with both the Milton and Hamilton courts can advise on the best approach for your case.
How We Defend Domestic Assault Charges
Every domestic assault case is different, but experienced defence lawyers look for weaknesses in the Crown’s case at every stage. Common defence strategies include:
- Self-defence under s. 34 of the Criminal Code
- Challenging the complainant's credibility and reliability
- Inconsistencies between the 911 call, statements, and testimony
- Independent witness evidence contradicting the allegation
- Absence of injuries inconsistent with the alleged assault
- Charter challenges to warrantless entry or statements
The Court Process in Milton
Criminal charges laid in Burlington are heard at the Milton Courthouse in Milton. Your first appearance will typically be scheduled within a few weeks of being charged. At that appearance, your lawyer will receive disclosure (the Crown’s evidence against you) and begin assessing the strength of the case.