Probation for man charged with domestic assault in Niagara

Probation for man charged with domestic assault in Niagara

On behalf of Neuberger & Partners LLP posted in Domestic Violence on Saturday July 30, 2016.

Any violent crime, and domestic assault in particular, is a serious matter. For those facing charges for domestic assault, just as serious is the need for a strong criminal defence strategy. Consider the case of a domestic assault that recently came before the court in St. Catherines, Ontario.

A 23-year old Niagara man got into a dispute with his partner, which escalated into a physical altercation. Alcohol was allegedly involved in the incident, and both parties became engaged in what the judge called a “mutual consent fight.” Reportedly, after the female victim threw a chair at the man, he proceeded to head butt her, at which point she fell down a flight of stairs. A concussion and a broken nose were the resulting injuries.

The man was arrested on Jan. 20, 2015, and spent more than five days in custody awaiting trial. In April of last year, he pleaded guilty to assault causing bodily harm. On July 25, 2016, he again appeared in court, this time to receive sentencing from a judge at the Ontario Court of Justice in St. Catharines.

During court sessions, the man’s defence lawyer presented evidence to suggest he was a good person capable of rehabilitation who had lead a troubled life. The court heard that, although he had been abandoned by his mother as a young child and been on his own since the age of 15, he had still managed to win an athletic scholarship, maintain employment, and he was receiving counselling. The judge considered all these factors, and despite the serious nature of the offense, agreed to a sentence of 12 months probation, rather than jail time.

Criminal cases, including those involving domestic assault, are not always black and white in nature, making the job of the criminal defence team very important. In cases like this one, a strong defence plan may lessen the severity of the consequences a convicted individual faces. For many accused individuals, along with those who have been convicted, the opportunities to have the courts consider less severe sentences can have dramatic impacts on the future.


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On behalf of Neuberger & Partners LLP posted in COVID-19 on Tuesday March 17, 2020.

At Neuberger and Partners, we are monitoring the COVID-19 situation and have implemented safety measures to ensure the safety of our clients and staff. Our priority is and always will be the health, well-being and safety of our staff, clients and colleagues.

We have put in place various measures to prevent and minimize the impact of COVID-19:

  • In addition to standard hand-washing habits, our staff are washing hands before and after every client interaction;
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  • Regular disinfecting of our offices, public areas, meeting rooms and board rooms as well as increasing the frequency of disinfection of higher-traffic surface areas;
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  • We will monitor and stay informed from the Government of Canada and World Health Organization for facts as they become available. We will ensure all staff and team members are educated on symptoms and are well informed on prevention and best practices.

Frequently Asked Questions:

Will the firm still run if there are closures?

  • We are committed to assisting our clients. We remain open to assist our clients at this time (following aforementioned standards for health and safety). For clients who wish to communicate with our firm virtually, we have the technology for virtual meetings and are able to respond to the needs of our clients in a manner best to protect our staff and clients’ health.

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What is the court situation? How will we deal with court closures?

  • At this time, the Superior Court of Justice is closed from March 17, 2020 to June 1, 2020 – unless a judge orders otherwise.
    If you have a March matter, your matter will be postponed to June 2, 2020.
    April matters will be postponed to June 3, 2020 and May matters will be pushed to June 4, 2020.
  • Similarly, the Ontario Court of Justice will be closed for 10 weeks for all out of custody matters in criminal practice court. In custody matters will still be addressed. It is unclear if out of custody matters such as trials or preliminary hearings will continue since the courts have left this decision to the discretion of the judges. However, Bail courts will remain open for the time being.
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We will be open and available for any questions, comments or concerns. Please call (416) 364-3111 for any further information.

Stay safe and healthy,

Joseph Neuberger