Domestic assault, also referred to as domestic violence or intimate partner violence, is a form of violence that takes place within intimate relationships or family settings. Although the Criminal Code of Canada does not provide a specific definition of domestic violence, any violent act, such as bodily harm, weapon assault, sexual assault, or psychological abuse, between intimate partners or spouses is considered a severe offence throughout Canada, including in Calgary, that can lead to severe legal consequences for the offender.
With over thirty years of experience, Patrick C Fagan, K.C. has become widely known for his skillful and successful defence of clients facing domestic assault charges. Throughout his career, Patrick C Fagan, K.C. has helped numerous clients in Calgary and beyond achieve fair and just verdicts in domestic assault cases. His deep knowledge of Canadian criminal law, coupled with his years of experience in the courtroom, enables him to provide his clients with skilled guidance and representation at every stage of the legal process.
Defending Calgary Domestic Assault Charges
Domestic assault charges in Calgary can arise from a range of abusive behaviours that occur within intimate relationships. These charges carry severe legal consequences and can result in harsh penalties, which is why it is essential to understand the different types of domestic assault charges that you may face.
Domestic assault charges may include physical abuse, which involves any form of physical harm, such as pushing, slapping, or punching. Sexual abuse is another prevalent form of assault that can include forceful acts or degrading comments. However, domestic assault may also include emotional abuse, such as insults, humiliation, threats, or financial abuse, which can occur when one partner restricts access to finances or takes control of the other’s money.
Defending against domestic assault charges requires a thorough understanding of the legal system and may include defence strategies such as:
- Challenging witness testimony, physical evidence, or police reports.
- Establishing that you acted in self-defence or were protecting yourself or another person from harm, meaning that your actions were justified.
- Disputing the intent to commit the offence.
- Demonstrating the accuser’s lack of credibility, including inconsistencies in their testimony or past actions that may call into question their character or reliability.
Facing domestic assault charges can be a distressing and overwhelming experience, but having the right legal representation can help you navigate the complexities of the legal system. At the Law Offices of Patrick C Fagan, K.C., we have extensive experience in defending clients against domestic assault charges in Calgary and across Alberta. Our team of lawyers will work tirelessly to build a strong defence strategy tailored to your individual needs.
35 Years Experience Defending Calgary Domestic Assault Charges
Patrick C. Fagan, K.C. has a long-standing reputation for successfully defending clients against domestic assault charges in Calgary and beyond. By carefully combing through every piece of evidence against his clients and proving their version of events, Patrick C. Fagan, K.C. has seen every kind of success, from overturning convictions to an outright verdict of not guilty.
Man accused of domestic assault – verdict: not guilty
Regina v. B.B.B. [Provincial Court – January 2013]
Patrick C Fagan, K.C. was hired by BBB to defend him against accusations of domestic assault and harassment made by his estranged wife. The case went to trial, and during the proceedings, Patrick C Fagan, K.C., used cross-examination to challenge the credibility of the complainant. As a result, BBB’s estranged wife was found to be unreliable, and he was acquitted of all charges.
Man charged with multiple domestic assault offences – verdict: not guilty
R. v. BAA, [Court of Queen’s Bench of Alberta, Calgary – February 2021]
BAA was accused by his estranged spouse of abusing her over a prolonged period, including aggravated assault, assault with a weapon, mischief to property, and uttering threats to cause death and/or bodily harm. Patrick C Fagan, K.C. was retained to defend BAA against these allegations in court. During the trial, Patrick C Fagan, K.C. meticulously cross-examined the prosecution’s witnesses, probing for inconsistencies and weaknesses in their testimony. After deliberation, the jury returned with verdicts of not guilty on all charges.
What are the consequences of a Domestic Assault charge?
The penalties for domestic assault depend on the severity of the offence and the circumstances of the case. The Criminal Code of Canada prescribes several types of domestic assault offences, including assault, assault with a weapon, aggravated assault, and sexual assault.
If convicted of a more serious domestic assault offence, such as aggravated assault, the accused may face an indictable offence, which carries a maximum penalty of life imprisonment. In cases where the assault did not result in significant harm or injury, the accused may face a summary conviction, which carries a maximum penalty of two years in jail and a $5,000 fine.
In addition to imprisonment and fines, the accused may face penalties such as probation, community service, or mandatory counselling or therapy. The accused may also be required to comply with certain conditions, such as not contacting the victim or attending specific places.
A conviction for domestic assault can also have long-term consequences, including difficulty obtaining employment, housing and a criminal record that may limit travel and other opportunities.
Given the serious consequences of being convicted of domestic assault, it is important to retain a skilled lawyer who has extensive experience handling domestic assault cases and can provide an expert defence. Patrick C Fagan, K.C., has that experience.
How Patrick C Fagan, K.C. Can Help You
The Law Offices of Patrick C Fagan, K.C. is committed to providing high-quality legal representation and personalized attention to clients facing domestic assault charges. They understand the devastating impact that such charges can have on individuals and their families, and they strive to provide compassionate support and guidance throughout the legal process. If you are facing domestic assault charges in Calgary, contact the Law Offices of Patrick C Fagan, K.C. at 403-517-1777 or via email at firstname.lastname@example.org to learn more about how they can help you.