Is There Any Advantages To Pleading Guilty To A Domestic Assault Charge
If someone is found guilty of assaulting their spouse, normally a jail term is required and in fact that is indicated in the Criminal Code. However, with a guilty plea there is a mitigation on sentence, which means there could be probation as opposed to a jail term or a conditional discharge depending on how physical the contact was. For instance, in a situation where an accused pushes the complainant, that type of physical contact would be classified as a minor assault and perhaps in that circumstance a conditional discharge would be appropriate. The accused would receive six months probation with conditions, for example, and once that condition is met, they would be discharged. In Canada, after a discharge, the accused can say that he does not have a criminal record.
The more serious the assault, obviously, the more serious the sentencing. Where there is an assault with a weapon or aggravated assault with a weapon, someone could be looking at five or ten years of jail depending on the circumstances and the physical injury. The more grievous the physical injury, the lengthier the jail term would be.
If you, or someone you care about, is dealing with criminal law issues in the Edmonton, Alberta Region, contact Moreau & Company for a consultation.