Assault is defined under Section 265 of the Criminal Code of Canada as the act of applying force to another person without their consent, or even threatening to apply force if the victim believes it will be carried out. You can be charged with assault even if no one is physically injured, and even if the contact was minor.

‍Domestic assault refers to assault in the context of a romantic, spousal, or familial relationship. These charges are prosecuted more aggressively by the Crown due to the perceived risk of repeat violence or power imbalance in intimate settings.

Domestic assault charges often lead to immediate arrest, strict bail conditions, and no-contact orders, even before the case goes to trial. In many cases:

• You may be barred from returning to your home

• You may be prohibited from speaking to your spouse or children

• The complainant cannot drop the charges—only the Crown can decide whether to proceed

Even if the situation was a misunderstanding, once the charge is laid, the legal process begins—and you need a lawyer immediately to protect your freedom, relationships, and reputation.

Penalties vary based on the severity of the assault, the presence of prior offences, and whether a weapon or injury was involved. If convicted, you could face:

• Up to 5 years in prison for a basic assault

• Longer sentences if the case involves bodily harm, choking, or use of a weapon

• Criminal record, even if you avoid jail time

• Loss of employment opportunities, travel restrictions, and child custody complications

The consequences of a domestic assault conviction can also include mandatory counselling, restrictions on firearm ownership, and serious impacts in family law proceedings.

Not all allegations of assault are accurate or fairly presented. Common defences include:

• Self-defence or defence of others

• Lack of intent – The contact was accidental

• Consent – In some cases, the force was agreed upon (e.g., during sport or mutual conflict)

• False or exaggerated accusations

• Charter breaches – Violations of your rights during arrest or investigation

At Bigioni Law, we take a strategic and respectful approach to these emotionally charged cases. We gather evidence, question assumptions, and make sure your side of the story is heard.

Domestic assault charges carry more than just legal consequences—they can affect your family, your home, your career, and your future. Even if the complainant wants to reconcile or move on, the system is designed to remove discretion from the parties involved.

You need a defence lawyer who:

• Knows how to challenge inconsistent statements

• Can negotiate with the Crown to reduce or resolve charges early

• Will advocate for the lifting of bail conditions or no-contact orders where appropriate

• Understands both criminal and family law implications

Bigioni Law brings experience, compassion, and clarity to one of the most sensitive areas of criminal defence.

Being charged with assault—especially against someone you care about—can be devastating. But it doesn’t have to define your life. At Bigioni Law, we’re here to help you navigate the process, protect your record, and move forward with dignity.

We offer:

• A private, non-judgmental consultation

• Clear advice on your options and rights

• Tailored defence strategies based on your situation

• Strong courtroom advocacy and skilled negotiation

Don’t try to handle this alone. Contact Bigioni Law today to get the support and legal defence you need.