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Criminal Lawyers to Help Your Defence in Nsw

Author: Claudia McDougall
by Claudia McDougall
Posted: Jan 24, 2020

Assault Charges

Typically, Assault Charges in Nsw fall under two categories. First, there is "common assault," where the resulting injury is minor or may not even exist. Second, there is "aggravated assault," where any resulting injury is more serious. The general rule is that the more serious the injury, the more serious the charge, so a person convicted of common assault is likely to be issued an unsupervised bond while one convicted of aggravated assault will suffer a more severe penalty.

Another common—and related—charge is that of common assault domestic violence. This charge arises when someone assaults (i) a person they are or have been married to, (ii) somebody they are in a de-facto relationship with, (iii) somebody they have or have had an intimate personal relationship (sexual or not), (iv) somebody they are living with or have lived with in the past, (v) somebody they have or had a paid or unpaid dependant relationship with, (vi) somebody they are or have been a relative with, and, if an Aboriginal or Torres Strait Islander, if they are or have been part of the extended family or kin of the other person.

In order to provide greater protection to victims, the Australian government has extended the definition of "common assault" to include (a) an ex-partner and current partner and (b) two people who have had an intimate relationship with the same person.

Defenses an attorney can raise for someone charged with common assault include self-defence, provocation or motive. Even if you believe you are guilty for the incident, it is vital to retain an attorney familiar with the law and process to make sure you can reduce—or even eliminate—any penalties.

Driving Offences

The most typical charges for driving offences include speeding and drink driving. Obviously, it behooves you to do neither, but if you do, it is important find the Best Criminal Lawyer In Sydney to assert a proper defence on your behalf.

This is because pleading guilty to a charge of drink driving or speeding will likely result in (a) demerit points, against your licence; (b) a fine; (c) loss of licence; (d) prison; (e) impoundment; or (f) compensation, if you damaged another person or their property. There could also be a combination of any of these penalties.

If you are charged with speeding or drink driving, a criminal attorney will procure and review the police officer’s "statement of facts" to see if there is any inconsistent or false information. If anything is not proper, whether it be related to information about your car, your person, your blood alcohol content, etc., this could prove helpful in your defence. Likewise, if the blood alcohol test was no administered properly, this may also serve as a defence.

As you can see, whether you are charged with a driving offence or Assault Charges In Nsw, it is important to find the best criminal lawyer, even if you believe you are responsible for the crimes alleged, to help you assert a defence and prevent any loss of money, license or liberty.

About the Author

This article will look at the ‘essential elements’ of two offences relating to threatening and intimidating someone.

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Author: Claudia McDougall

Claudia McDougall

Member since: Oct 26, 2017
Published articles: 4

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