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CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 232
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
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My name is*****'ve been charged with an assault 266

Customer Question

Hi my name is***** been charged with an assault 266 this is my first time
JA: Thanks. Can you give me any more details about your issue?
Customer: I've been going through a trauma of loosing my kids, I can't see my kids for two months no contact n was told too do parenting class and my daughter 4 year old said I hit his brother It wasn't intentional, just a scratch only I miss my kids so much
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Submitted: 7 months ago.
Category: Canada Law
Customer: replied 7 months ago.
My court appearance is not till August mid. Will I be sent to jail for ever and lose my kids. Kids can stay with dad not me only
Customer: replied 7 months ago.
Sorry kids are allowed to stay with dad n not me
Expert:  CaptanLaw replied 7 months ago.
Hello First off, please try and not use any identifying information on here (do not mention your name or last name), in order to preserve confidentiality of your situation.I am a criminal defence lawyer and can try and provide you with the relevant information you need. Keep in mind that I can only provide general legal information, and not specific legal advice pursuant to the Terms of Service.To begin, an "assault" as defined in the Criminal Code is essentially any intentional physical contact which the other party does not consent to. If you deny intentional making physical contact with your son, this could be a defence the the charge if the case goes to trial. For example, if you accidentally made contact with him and scratched him as a result, this would not be an assault.Other defences sometimes raised in assault cases in relation to children include a defence under s. 43 of the Criminal Code. This section reads as follows:"Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances."This defence would only apply if the force used was intentional, but for corrective purposes. There are other criteria that the court would look at in order to see if the defence applies, including whether the force was reasonable in the circumstances.In terms of potential punishments, if you are found guilty of the offence (which I hope you will not be), there are a wide variety of sentences that a Judge can impose; jail is not the only one. The most lenient sentence available is a "Discharge". A Discharge is a finding of guilt, but does not involve a criminal conviction. Discharges usually involve a requirement to complete a period of probation. This type of Discharge is referred to as a Conditional Discharge. I represented a client not too long ago on an Assault case in which he plead guilty to squeezing his daughter's face and causing some small bruising along her jaw line. He completed an in depth parenting course and anger management counselling, and the Judge ultimately agreed to give him a Conditional Discharge, meaning that he did not receive a criminal conviction as a result of the case (which is a very good result).At your first appearance, you will receive "disclosure" in court. Disclosure is the evidence which the Crown has in support of the allegation. It is important that you review that disclosure with a lawyer to see whether your case is one that is better off resolving without a trial, or one that might benefit from a trial. If you do not wish to go to trial, this is a type of case that will likely require a guilty plea. However, if you are not willing to admit criminal responsibility (ie, that you intentionally made physical contact with your son without his consent and without any other justification), then likely the only other option will be to go to trial. If you go to trial, you will almost certainly be on the bail conditions you are currently on right now until the trial date.I hope all of this helps. Please provide a positive rating if it has.Thanks-

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