You have been arrested and charged for spousal assault. You have no idea what to do or what is going to happen to you. One of the biggest questions that we get asked when an individual is arrested and charged with spousal or domestic assault is “will I go to jail?” The simplest way to answer that question is: it depends.
It may not be the answer that you want to hear, but it always comes with a further explanation as to why. Spousal assaults are treated very seriously by the government agencies, including Crown Counsel and the police. There are a number of factors that Crown considers when deciding whether or not they are going to seek jail time. Those factors depend on the jurisdiction, Crown Counsel and the background and history of the accused individual.
Factors that Crown considers when deciding whether seeking jail is an appropriate sentence include: does the individual have a history of domestic or spousal assaults? This inclueds charges, convictions, and interactions with the police. This also does not have to be with just the complainant from this particular instance. If there is a history, does the individual appear to be escalating their behaviour? Are there significant and lasting injuries that warrant a jail sentence? Is the complainant scared and terrified of the accused? Does the complainant want to see the accused spend some time in jail? Is it in the public interest for the accused to spend some time in jail for their actions? What kind of aid or assistance has the accused sought on their own, including counselling or programs for domestic or spousal assault? As always, the background history of the accused is also taken into consideration.
If this is a first-time offence and the injuries (if there are any) are minimal, it is unlikely that Crown will be seeking for you to spend some time in jail. They will most likely want to see you do some counselling, sometimes monitor how you do on conditions, and resolve the matter in a way that will allow you to seek the help you may need for both yourself and your relationship with your spouse or family member.
If this is not your first offence or the injuries are more significant, Crown may seek a resolution that would result in a criminal record or jail time. If there is previous history within a short time frame, it is likely Crown will want to see stricter consequences for an accused’s actions. If the complainant suffered significant injuries including broken bones, stitches, choking, spent some time in the hospital, large amounts of blood, used a weapon or the accused caused significant bodily harm, then it is probable that Crown will be seeking a more serious sentence, which could include a period of incarceration.
Like I said, it depends.
If you are wondering whether or not you may be facing jail for your spousal or domestic assault charge, contact a lawyer at Acumen today at 604-685-8889 and we can walk you through your charges.