Domestic Assault Charges in Oshawa
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 Oshawa, 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.
The Durham Region Courthouse at 150 Bond Street East serves all of Durham Region, including Oshawa, Whitby, Ajax, Pickering, and Clarington. Durham Regional Police handles law enforcement for the region. The courthouse handles both Ontario Court of Justice and Superior Court of Justice criminal matters. Ryan Handlarski regularly appears at the Oshawa courthouse and is familiar with the local Crown Attorney's office and court procedures.
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 Oshawa
Criminal charges in Oshawa are heard at the Durham Region Courthouse. 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.