How Can a Sydney Criminal Lawyer Help in Dealing with Assault Charges
Facing assault charges can be upsetting and scary. If you get arrested for an assault-related offence, don’t go through it alone. Find dedicated and experienced legal representatives to help you form and navigate the best strategy.
A competent criminal lawyer can assist you in getting timely answers and guard your reputation. In the Sydney area, common assault charges include malicious wounding or actual and grievous bodily harm. There is a multitude of other assault-related incidents, for which your criminal law solicitor can defend you.
What Do Assault Cases Cover?
Assault is of many types, covering a broad range of legal charges. Common assault charges are the most number of assault charges filed in Sydney. When a person recklessly or intentionally strikes another without legal justification, it is a common assault. The injuries caused will not go beyond transient or trifling. Other forms of unlawful violence acts fall under the aggravated assault category.
Types of assault:
- Domestic assault
- Common assault
- Sexual assault
- School bullying
- Physical altercations, and more
Depending on the case specifics, the punishment could range from small fines or good behaviour bonds. The offender may also face jail time of two years.
Extenuating Circumstances of the Assault
Most assault charges stem as the victim may be in the heat of the moment. They can level evidence against you that can result in a range of penalties. Hence, it is crucial to gather all the evidence carefully.
Other circumstances, like if you were drunk during the offence, also can up your sentence. Witness memories in assault cases can be altered due to the associated trauma, making them unreliable.
A highly qualified criminal lawyer can help you put the pieces together. They can assist in determining the extenuating circumstances that led to the assault charge. By gathering proper evidence and providing practical information, they put the incident in the appropriate context.
Your Defence Options Against Assault Charges
An assault charge conviction will remain permanently on your criminal record with long-lasting effects. Knowledgeable criminal law solicitors will help you plan a strong defence by explaining all your options:
Pleading Not Guilty
The prosecution has to prove that:
- You acted recklessly or intentionally
- Your actions caused the other party to fear unlawful personal violence immediately
- You had physical contact with them
- There is no consent from the other party to your actions
An assault can be an act perpetrated by one person, even without causing bodily harm. Making the other person scared for their life, wontedly or negligently, is an assault, e.g., shouting.
If you feel that the prosecution cannot prove these elements beyond a reasonable doubt, you can plead not guilty.
If You Are Guilty of the Actions
Even when you are guilty of violent actions, they may be justifiable. Experienced lawyers can identify a legal defence and get the case dropped or thrown out of court.
Here are some situations:
You may have resorted to physically harming someone while trying to protect yourself or others. This also applies when you try to stop someone from trespassing or destroying your property.
When you are forced by the other party to act out, duress can be your defence. The burden of proof lies with the prosecution to determine the appropriate persons responsible for the assault.
You could use provocation as a defence if you responded suddenly in the heat of the moment. It directly reflects on the instigating act of the other persons. In such cases, crimes of passion can be justified.
Even after the court finds you guilty, the judge may apply Section 10 to your case. A criminal lawyer with ample courtroom experience can convince the judge to dismiss the charges. Under Section 10, you can escape the criminal conviction record even if you are guilty. Your legal representative can help you get into an intervention program and avoid imprisonment.