Toronto Criminal Lawyer - Domestic Assault charges withdrawn

Keifer's Case — Assault (domestic) — Withdrawn

Client: Keifer G., Accused
Complainant: Michelle G., Keifer's wife
Charge: Assault

Background: Keifer had just arrived home. His wife spotted him, and abruptly hung up the phone. Keifer knew that something was amiss. She said that she had been speaking to a female friend. He didn't believe her. Keifer hit the redial button, and was connected to a man. A two-hour argument ensued. Keifer's wife admitted to certain improprieties, but also confronted Keifer about his anger problem and his growing emotional alienation of her. The argument escalated. A few times his wife said "Why don't you just hit me?" or "Come on, hit me!" At one point, Keifer did grab her collar, and he also pushed her. The next day Keifer's wife gave a video-taped statement to the police. Keifer was charged with assault, held overnight for a bail hearing, and then released on a $3000 bail. His conditions of release prohibited him from communicating with his wife or from going to his home. They had three young children, so this caused considerable hardship for all concerned. Also, since Keifer was employed as an executive, he was very worried about the potential impact on his career.

Goals: Keifer had two goals: (i) to re-unite his family; and (ii) to resolve the matter without receiving a criminal record. I added a third — (iii) to get a good understanding of the reasons "why" it all occurred so that he never found himself in this situation again.

Strategy: I explained to Keifer that our chances of getting the charge withdrawn would substantially increase if his wife had her own lawyer, and if her goals were the same as his. I arranged for an independent lawyer to see his wife, so that she could have a proper understanding concerning her role in the process and concerning how she could help if that's what she wanted to do. When we attended Court ten days later, Keifer and his wife had already attended some counselling sessions (not at the same time, of course). Keifer had received therapy for his "reactive anger" problem, and both he and his wife received general relationship counselling. To assist in my negotiations with the Crown, I had a report from the counsellor outlining the treatment, indicating that both Keifer and his wife were committed to overcoming their marital difficulties, and defining a future program of counselling. I tried to convince the Crown that it was not necessary to prosecute Keifer, or at least that the conditions should be varied to allow them to attend counselling together pending the trial. The Crown made short of my arguments, and bluntly told me that he would be proceeding, and that, as far as joint counselling goes, they can deal with their marital problems after we've finished the prosecution. He did add, though — with a slight smirk — that the Crown would allow Keifer to go home if he entered a guilty plea that day. I informed the Crown that we wanted a trial, and then went to see the trial coordinator to obtain an early trial date. We were lucky to secure a trial date only four weeks away. I explained to Keifer that he had to continue counselling, and that I would attempt again on the morning of the trial to get the charge withdrawn. Failing that, I would seek to have the charge dismissed by the Judge. "I did push her," Keifer admitted, "so how can we beat the charge?" In every assault, I explained, the Crown must prove "lack of consent." Given the language your wife used, her participation in the argument, and the lack of any injury, we might win.

Results: In the days leading up to the trial, the Crown called Keifer's wife at least four times to "confirm" that she wasn't going to change her story and threatening to use her own video against her if she did so. It was clear that the Crown was taking an aggressive approach. I told Keifer that I was not optimistic at getting the charge withdrawn, but that anything could happen on the morning of the trial, and that, in any event, I was prepared to fight the case before the Judge. Almost six weeks after his arrest, Keifer, his wife, her lawyer, and I attended the Court house for the trial. By this time, Keifer had completed his anger management counselling, and his wife had also attended for further counselling. The Court was extremely busy that day, and my heart sank as I realized that there might not be enough time for Keifer's case to be heard. If that happened, the case would have to be adjourned, causing Keifer and his family further hardship. I sat patiently at the counsel table while Keifer sat behind me in the body of the Court. Keifer's wife sat in the hallway with her dad and her lawyer. After a few minutes, a Crown approached me, and invited me to her office. She told me that she had just inherited this file, and inquired about the counselling Keifer had undertaken since being charged. I explained that Keifer had just completed the anger management portion of his counselling, and handed her an up-to-date report. She read the report, and then met with Keifer's wife and her lawyer. Afterwards, the Crown approached me and indicated that, if Keifer was prepared to continue counselling, she would withdraw the charge. Keifer hurriedly agreed. A few minutes later the charge was withdrawn.