Domestic violence offences are serious and can have life-altering consequences, including criminal charges, fines, imprisonment, and a permanent criminal record.
Geoff Green, an experienced criminal defence lawyer in Edmonton, has over 25 years of expertise in defending clients against criminal charges and violent offences. He is dedicated to providing robust defences that protect your rights and strive for the best possible outcome in your case.
Understanding Domestic Violence Charges in Alberta
Domestic violence charges are not limited to physical abuse but encompass a broad range of behaviours within intimate relationships.
In Alberta, domestic violence cases involve assaults or threats against partners, spouses, common-law partners, or even close family members. These charges can arise from incidents involving:
- physical violence
- emotional abuse
- intimidation
- psychological manipulation
The Criminal Code of Canada addresses various domestic violence offences, ranging from simple assault to more serious charges like aggravated assault and murder. The prosecution, led by the Crown, must prove the crime beyond a reasonable doubt, often relying on witness testimony and physical evidence. If convicted, penalties can include jail time, fines, probation, and even a peace bond that restricts your contact with the complainant.
If you are facing a domestic violence charge, it is important to know that each case is unique, and the legal strategies to defend against these charges can vary widely. Working with an experienced domestic assault lawyer like Geoff Green ensures your defence is tailored to your situation.
Common Types of Domestic Assault Charges
Common offences that fall under the umbrella of domestic violence include:
- Domestic Assault: Any use of force against a partner or family member without their consent.
- Aggravated Assault: Causing severe injury or wounding a person, often involving a weapon or prolonged violence.
- Criminal Harassment or Stalking: Engaging in behaviour that causes someone to fear for their safety.
- Threats and Intimidation: Making verbal or written threats to harm a partner or family member.
- Sexual Assault: Any unwanted sexual contact, which can lead to additional charges if coercion or force is involved.
The complainant may retract their statement or claim they no longer wish to proceed with the charges. However, the Crown Prosecution Service in Alberta can still pursue the case if they believe the evidence supports a conviction.
Defending Against Domestic Violence Charges in Edmonton
Geoff Green approaches each case by thoroughly investigating the facts and crafting a defence strategy that best suits the circumstances. Some common defences for domestic violence charges include:
- Self-Defence and/or Defence of Property: If you acted in response to an immediate threat of violence, this can be a valid defence. The level of force used must be proportional to the risk you were facing. These defences are related to the mistake of fact defence as well.
- False Allegations: In some cases, domestic violence charges are based on exaggerated or false claims, often stemming from disputes during separation or child custody battles. Geoff Green will challenge the credibility of the complainant and scrutinize the evidence presented.
- Lack of Intent: If the incident was accidental or there was no intent to cause harm, this can be used as a defence to reduce or dismiss the charges.
- Consent: Though rare, there may be cases where the complainant consented to the physical contact, particularly in situations involving mutual altercations.
- De Minimus: if the consequences of the alleged assault or threat were minor or trivial.
Geoff Green’s years of experience allow him to identify weaknesses in the prosecution’s case, challenge witness statements, and argue for the dismissal or reduction of charges whenever possible.
What to Do if You have Been Charged with Domestic Violence
If you have been charged with a domestic violence offence, it is critical to take immediate steps to protect your legal rights. The first thing to do is avoid discussing the details of the case with anyone other than your lawyer, as anything you say can be used against you. Even casual conversations with family or on social media platforms like Facebook can have profound consequences.
Geoff Green offers immediate legal advice to guide you through the process. His experience includes negotiating with Crown prosecutors, gathering evidence, and ensuring that your defence is fully prepared before the trial begins.
Here is what you should do if charged:
- Remain Silent: Do not make any statements to the police or the complainant.
- Contact a Lawyer Immediately: The sooner Geoff Green can start working on your case, the better your chances of a favourable outcome.
- Preserve Evidence: Gather any relevant documents, witness contact information, or recordings that could support your version of events.
- Follow Bail Conditions: If granted bail, adhere strictly to the conditions set by the court to avoid further legal complications.
Typical Penalties for Domestic Violence Convictions
A conviction for domestic violence can have severe and lasting impacts on your life. Beyond potential imprisonment, a conviction results in a criminal record that can affect your employment prospects, ability to travel internationally, and personal relationships. Convicted individuals may also face:
- Imprisonment: Depending on the severity of the offence, sentences can range from probation to several years in prison.
- Fines and Restitution: You may be required to pay fines or restitution to the complainant for any damages or injuries caused.
- Probation and Counselling: In some cases, offenders are placed on probation and required to attend anger management or domestic violence counselling.
- Peace Bonds: These are court orders that limit your contact with the complainant, which can have significant implications for child custody or property disputes.
A domestic assault lawyer like Geoff Green can help mitigate these penalties by negotiating plea deals or advocating for alternative sentencing options such as conditional discharges.
The Role of a Criminal Defence Lawyer in Domestic Violence Cases
A skilled criminal defence lawyer is your best chance at navigating the complexities of a domestic violence case. Geoff Green understands the emotional and legal challenges that come with these charges. He will stand by your side, ensuring that your voice is heard in court and that your rights are protected at every stage of the legal process.
From bail hearings to negotiations with the Crown prosecutor, Geoff Green uses his in-depth criminal law expertise to secure the most favourable outcomes for his clients. Whether through negotiation, trial advocacy, or presenting evidence that creates reasonable doubt, Geoff’s goal is to protect your liberty and minimize the impact of a criminal charge on your future.
If You Are a Victim of Domestic Violence in Edmonton
If you are experiencing domestic violence, please take advantage of the immediate help that is available in Edmonton. You have the right to be safe, and there are people ready to support you.
The Edmonton Police Service (EPS) is trained to respond to domestic violence situations and can be reached 24/7 by calling 911 in an emergency. For non-emergencies or advice, you can contact EPS at 780-423-4567 or #377 from a mobile phone. Reporting domestic violence is a crucial step in ensuring your safety, and the police can assist with issuing restraining orders, investigating the abuse, and connecting you to further resources.
Several shelters in Edmonton offer safe, confidential housing and support services for victims of domestic violence. The WIN House provides emergency shelter and services to women and children fleeing abuse and can be reached at their 24-hour helpline at 780-479-0058. Another option is Lurana Shelter Society, offering similar support and can be contacted 24/7 at 780-424-5875. These shelters provide a safe space and have access to counselling, legal support, and other critical services to help you rebuild your life.
For additional support, The Edmonton Violence Prevention Centre offers crisis intervention and counselling at 780-439-4635. If you need legal assistance, Legal Aid Alberta can provide representation and advice for those experiencing domestic violence. You can reach them at 1-866-845-3425. Confidential resources are also available through Alberta’s Family Violence Info Line at 310-1818, offering help in over 170 languages. These services are designed to ensure that no one has to face domestic violence alone, and there are people ready to help you at every step.
Contact Geoff Green: Domestic Violence Lawyer in Edmonton
Facing domestic violence charges is overwhelming, but you do not have to navigate the legal system alone. Geoff Green, with over 25 years of experience in criminal law, is ready to defend your rights and provide the sound legal guidance you need. His commitment to his clients is evident in his thorough case preparation and strategic approach to defence.
If you have been charged with a domestic violence offence in Edmonton, do not delay. Contact Geoff Green, an experienced domestic violence lawyer, today for a free consultation and take the first step towards protecting your future. Let his experience and dedication to justice work for you.