How Criminal Law Solicitors in Sydney Can Help with Assault Charges
Criminal Law Solicitors for Assault Charges
Criminal Law Solicitors Sydney
Being arrested for an assault related offence can be a scary and confusing time. If this has happened to you or someone you love, you can’t afford to face the consequences alone.
Criminal law solicitors can help with assault charges and all your other legal needs. Finding a dedicated, experienced legal representative is the best place to start to get timely answers and plan strategy.
Know all your options so you can defend yourself properly, guard your reputation, and keep your life on track.
If you’re in the Sydney area and have been charged with:
assault occasioning actual bodily harm
assault occasioning grievous bodily harm
or one of a multitude of other assault-related offences, learn what a criminal law solicitor can do for you.
What is Assault?
The term “assault” covers a wide variety of legal charges. It’s somewhat vague and, depending of the specifics of your case, could result in punishment ranging from small fines and good behaviour bonds to serious time in jail.
Examples of possible assault include:
some forms of school bullying
sexual intercourse without consent
a physical altercation whether or not any bodily injury was done.
In brief, an assault is any act perpetrated against another person that intentionally or negligently causes them harm or makes them fearful that harm is coming.
Other extenuating circumstances, like whether or not you were drunk when the offence occurred, will factor into your ultimate sentencing. Only highly qualified criminal law solicitors with ample courtroom experience will be able to assist you properly.
Assault Cases are Complicated
Often, assault charges stem from an incident that happened in the heat of the moment. And because the range of penalties for the charges that could be leveled against you is quite broad, you need to carefully comb all the evidence.
Criminal law solicitors can provide you with sensible information to help put the incident in question in the proper context.
Witness memories can be suspect in assault cases because of the trauma associated with them. Figuring out exactly what happened may not be entirely possible. Your solicitor will help put the pieces together.
In addition to the what, your law solicitor can help you sort through the why of the assault charge. Were you acting in self-defence? What extenuating circumstances led to the incident?
The prosecution must prove specific factors about your actions. An experienced, qualified legal representative will make sure your side of the story is properly explained to give you the best chance at the outcome you seek.
Assault cases are too complicated for you not to put your trust in someone with expert understanding of the system and how to work it to your advantage.
Your Defence Against Assault
If you’re convicted of any assault-related charge with the possible exception of common assault, it will appear on your permanent record. The effect this has on your life can be long-lasting.
Experienced criminal law solicitors will fight for you, helping you mount a strong defence. They’ll be aware of all your options and what makes sense given the facts of your case.
The most frequently used defence against an assault charge, self-defence suggests that although you may have physically harmed someone, your actions were justified because you were attempting to protect yourself or another person.
You can also use this defence if you were attempting to prevent the aggressor from trespassing or from taking or destroying property. If your solicitor can prove that your actions were necessary, or that you believed they were, to prevent harm to you or your property, you’ll be found not guilty of the assault.
The prosecution must prove beyond a reasonable doubt that either you didn’t genuinely believe your actions were necessary or that they were an unreasonable response to the threat you felt. This is why context matters so much. Only someone with significant legal experience can properly guide you through this process.
Do you believe you were forced to act against your will or that you had no other alternative but to pursue the course of action you did? You may be able to use duress as your defence.
The prosecution must determine the appropriate people to place responsibility on for the assault. The burden is on them to prove that a reasonable person would’ve acted differently than you did when faced with the same circumstances.
Could you have called the police or escaped? What else was going on during the incident? Your solicitor will get to the bottom of this and build the best case for you.
Sometimes situations arise where even a reasonable person is pushed beyond his limit. If someone acts against you or a family member to such a degree that you cannot be expected to control yourself, you may be able to use provocation as a defence to the assault charge.
You must show that your response was a sudden, heat of the moment decision and that it was proportional to to the instigating act. If you can prove this, the crime of passion is considered justified.
Criminal law solicitors well-versed in the law can build an argument on your behalf. They’ll assess the nature of the provocation and your response to it, and help you mount an argument to avoid penalty.
Again, the burden is on the prosecution to prove its case beyond a reasonable doubt. Having an advocate on your side with ample experience arguing complicated issues before a judge will make this much more difficult for your accusers.
What About Section 10?
Even if you’re found guilty of an assault charge, you may still have options. Depending on the circumstances surrounding the incident and your own criminal history, your solicitor may be able to convince the judge to apply Section 10 to your case.
Under Section 10, you’re found guilty but escape having a criminal conviction recorded. Your charges may be dismissed altogether or certain conditions, like entering into a good behavior bond or an intervention program, may be imposed on you for a period of time.
Avoiding a criminal record and the setbacks that come with it should be a priority for you and your legal representative. Make sure you are working with someone who understands all your options and can present your case in a way that gives you the best chance for a favourable outcome.
We’re Experienced Criminal Law Solicitors Ready to Help You
Although you can, it’s never a good idea to face legal trouble alone. You need talented lawyers on your side to guide you through the process.
We’re well-versed in the law and experienced in handling complicated cases throughout Sydney. When you meet with one of our lawyers, they’ll be honest will you about your case and fight as hard as possible to get you the best outcome.
For Criminal Law Solicitors, Call Us
If you’ve been accused of a crime, schedule an appointment or request a callback. Our criminal law solicitors will be happy to help you put your legal woes in the past, so call us on (02) 9533 2269 now.
Brigitte Simeonides & Associates – Criminal Lawyers Sydney