Defending Common Assault Charges in Sydney

Defending Common Assault Charges in Sydney

Common Assault Domestic Violence is a serious charge and, as such, should be taken very seriously. Do not chance to insert a defense on your own. Instead, hire an experienced and quality lawyer to protect your liberty. In addition to the laws with which you are charged, there are laws, rules and regulations that lawyers will know and be able to use to prevent you from ending up in major trouble. Without representation that knows these rules and regulations, you are likely to end up suffering grave penalties. You should hire a personal injury lawyer to get rid of sudden legal harassments.

In common assault, there is either no resulting injury or a minor injury. In aggravated assault, the result is a more serious resulting injury. The more serious the resulting injury, the more serious the charge.

When convicted of common assault, the penalty is typically no greater than an unsupervised bond, which is the most common charge and the most common result. Indeed, in 2010, barely 7% of common assaulters ended up serving prison time.

A charge of Common Assault Domestic Violence arises out of an act of common assault against (i) a person you are or have been married to, (ii) a person you are in a de-facto relationship with, (iii) a person you have or have had an intimate personal relationship (may or may not be sexual), (iv) a person you are living with or have lived with in the past, (v) a person you have or had a paid or unpaid dependent relationship with, (vi) a person you are or have been a relative with.

Further, if you are Aboriginal or a Torres Strait Islander, you may be charged with such an offence if you are or have been part of the extended family or kin of the other person.

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More recently, to cover more people committing such crimes, Sydney’s government broadened the definition of “common assault” to include (i) your ex-partner and current partner and (ii) two people who have had an intimate relationship with the same person, as being in a relationship with you sufficient to charge you with this crime.

So what defenses are available for your attorney to argue? Qualified lawyers can argue many on your behalfs, such as (i) self-defense, (ii) provocation and (iv) motive. Such defenses can be taken into consideration by a court to either reduce your punishment or even prevent it altogether. Lawyers know more rules, regulations and how to apply them than you do; so even if you believe you are guilty of the offense, an attorney is still available to help you.

Other defenses arise if you are able to show that (i) the “statement of facts” submitted by the police is inaccurate or (ii) there is a legitimate reason for your act of common assault domestic violence.

Further, especially when a “victim” is hysterical, defense can be stronger because oftentimes, victims of domestic violence (i) may not be able to remember specific dates or times that incidents happened; (ii) may not have reported incidents at the time due to reasons including fear, unawareness that the act was a crime, a desire to protect the attacker, or other reasons; (iii) may have told a third party that the injuries happened due to other reasons; (iv) may not have any evidence or, if they do, it may be hearsay evidence which cannot be used at trial; (v) have little evidence to corroborate what they allege you did; and (vi) failed to visit a doctor or hospital and, as such, there is little to no evidence of injuries or harm suffered at the time.

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Quality attorneys will be able to use these factors to aid your defense.

Beware that recent incidents have led to the NSW authorities being more serious about these types of charges, especially because people we trust have been committing such acts.

On or about December 13, 2018, domestic violence charges were brought against seventeen NSW police officers. They were charged with all sorts of offenses, from stalking and intimidation to assault occasioning bodily harm, choking, and sexual assault. 2 of the police officers were sergeants and fourteen were senior constables. Since October 2016, thirty additional officers were charged with violent offenses including common assault, child sex offenses, and malicious damage.

Based on the above, it is vital to hire a lawyer to defend you when charged with Common Assault Domestic Violence because there are so many factors that come into play with your charges. Although you should never commit such an act, there are ways to reduce or altogether get rid of any punishment. In the context of domestic violence, emotions of judges and juries may play against you if charged with such an offense, but emotions should not cause a conviction and a competent attorney will know how to persuade those making the decision otherwise.

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