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Criminal Lawyers in Burwood for Assault Charge – Burwood Assault Lawyers
In Burwood, accusations of assault are not uncommon and can frequently stem from domestic violence or an incident involving two strangers.
They are taken extremely seriously, and in order to handle these cases, you will need to hire a Sydney assault lawyer.
Depending on the particulars of your case, you may be able to use a legal defence against assault or one of several other assault types.
For a free initial consultation to discuss your case, get in touch with Sydney's best criminal lawyers.
Sydney Criminal Lawyers for Common Assault Charges – under Section 61 of the Crimes Act 1900
An assault involves any act that includes unauthorised touching or any conduct that causes another person to fear immediate and unlawful personal violence.
Although it can be very overwhelming if you are charged with assault, you can trust our Sydney Assault Lawyers to ensure you receive the best possible outcome.
Our Sydney Assault Lawyers have appeared in matters which range from a minor assault such as a push or a shove, to serious assaults which involve permanent injury or harm.
Our Sydney Assault Lawyers continue to attain remarkable outcomes including Not Guilty verdicts in Jury Trials and Conditional Release Orders without conviction and Section 10 Dismissals ‘Non-Conviction’ in other Sentence Proceedings.
What is a Common Assault?
A Common Assault is an offender under Section 61 of the Crimes Act 1900 and has a maximum penalty of 2 years imprisonment and/or a fine of $5,500.
In order to be convicted of this offence, the Police must prove the following elements:
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That you made direct physical contact with another person and/or that you caused another person to be fearful of immediate and unlawful violence; and
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The other person did not consent to the above; and
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Your actions were either reckless or intentional and you had a ‘hostile intent’.
What is the punishment for a Common Assault?
The majority of Common Assault matters are heard in the NSW Local Courts before a Local Court Magistrate.
The maximum penalty for common assault is 2 years’ imprisonment and/or a fine of up to $5,500.
Maximum penalties generally apply in the most serious of circumstances and with the right Sydney Assault Lawyer you should receive a much lesser penalty.
When proceeding to Sentence the Court can impose:
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a Fine;
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Section 10 Dismissal;
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Conditional Release Order (Without Conviction)
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Conditional Release Order (With Conviction)
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Community Correction Order (Good Behaviour Bond);
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Intensive Correction Order (Term of Imprisonment served in the community);
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Full-Time Imprisonment (Gaol)
Our Sydney Assault Lawyers have achieved fantastic results for our clients and have avoided prison for many clients and have a high success rate in securing a Section 10 dismissal non-conviction or a Conditional Release Order Without Conviction for many clients.
What are the Defences to a Common Assault?
Available Defences to Common Assault include:
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Self-Defence of an individual;
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Self-Defence of another;
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Self-Defence extending to ownership of property;
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Duress;
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Necessity; and
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Lawful Correction.
Sydney Criminal Lawyers for Assault Occasioning Actual Bodily Harm Offences – section 59 Crimes Act 1900
An assault involves any act that includes unauthorised touching or any conduct that causes another person to fear immediate and unlawful personal violence.
Although it can be very overwhelming if you are charged with assault, you can trust our Sydney Assault Lawyers to ensure you receive the best possible outcome.
Our Sydney Assault Lawyers have appeared in matters which range from a minor assault such as a push or a shove, to serious assaults which involve permanent injury or harm.
Our Sydney Assault Lawyers continue to attain remarkable outcomes including Not Guilty verdicts in Jury Trials and Conditional Release Orders without conviction and Section 10 Dismissals ‘Non-Conviction’ in other Sentence Proceedings.
What is an Assault Occasioning Actual Bodily Harm?
The offence of Assault Occasioning Actual Bodily harm is an offence prosecuted under Section 59 of the Crimes Act 1900 and carries a maximum penalty of 5 years in prison or 7 years in prison if committed in company ‘with another person’.
An essential element of this offence, requires that ‘Actual Bodily Harm’ was caused by the conduct of the offender.
Actual bodily harm includes:
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Deep Scratches;
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Long lasting swelling;
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Long lasting bruises;
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Lacerations;
What is the punishment for an Assault Occasioning Actual Bodily Harm?
The maximum penalty for an Assault Occasioning Actual Bodily Harm is 5 years’ imprisonment and/or a fine of up to $5,500.
Maximum penalties generally apply in the most serious of circumstances and with the right Sydney Assault Lawyer you should receive a much lesser penalty.
When proceeding to Sentence the Court can impose:
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a Fine;
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Section 10 Dismissal;
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Conditional Release Order (Without Conviction)
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Conditional Release Order (With Conviction)
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Community Correction Order (Good Behaviour Bond);
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Intensive Correction Order (Term of Imprisonment served in the community);
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Full-Time Imprisonment (Gaol)
Our Sydney Assault Lawyers have achieved fantastic results for our clients and have avoided prison for many clients and have a high success rate in securing a Section 10 dismissal non-conviction or a Conditional Release Order Without Conviction for many clients.
What are the Defences to an Assault Occasioning Actual Bodily Harm?
Available Defences to Assault Occasioning Actual Bodily Harm include:
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Self-Defence of an individual;
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Self-Defence of another;
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Self-Defence extending to ownership of property;
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Duress; and
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Necessity;
Sydney Criminal Lawyers for Assault a Police Officer – section 60 Crimes Act 1900
The NSW Police are an organisation which are entrusted with protecting the community.
However, there are circumstances where members of the community can find themselves as victims of Police Conduct.
It may also be the case that you have acted in self-defence in response to conduct of a police officer or acted in away by protecting another and then be charged with Assaulting Police.
Our online legal service allows you to engage the most recognised Sydney Criminal Lawyers to guide you through the process of being charged with this offence and the best options available for you.
What is the Offence of Assaulting a Police Officer?
Assaulting a Police Officer occurs when:
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You made unauthorised physical contact with a Police Officer or you caused the officer to fear immediate and unlawful violence; and
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The Police Officer did not consent; and
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Your conduct was reckless or intentional; and
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You were not acting in self-defence.
You can still be charged with assaulting a Police Officer if they are not on duty if:
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They are in fact a Police Officer; and
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They were executing their duty (although technically off-duty) at the time of your conduct.
What is the punishment for Assaulting a Police Officer?
Assaulting a Police Officer carries a maximum penalty of 5 years imprisonment.
However, if you inflict ‘actual bodily harm’ on the officer, there is a maximum penalty of 7 years.
If you cause ‘Grievous Bodily Harm’, the maximum penalty is 12 years imprisonment.
What are the Defences to Assaulting a Police Officer?
Available Defences to Assaulting a Police Officer include:
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Self-Defence of an individual;
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Self-Defence of another;
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Duress;
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Necessity;
Sydney Criminal Lawyers for Recklessly causing Grievous Bodily Harm (GBH) or Wounding – s 35 Crimes Act 1900
An assault involves any act that includes unauthorised touching or any conduct that causes another person to fear immediate and unlawful personal violence.
Although it can be very overwhelming if you are charged with assault, you can trust our Sydney Assault Lawyers to ensure you receive the best possible outcome.
Our Sydney Assault Lawyers have appeared in matters which range from a minor assault such as a push or a shove, to serious assaults which involve permanent injury or harm.
Our Sydney Assault Lawyers continue to attain remarkable outcomes including Not Guilty verdicts in Jury Trials and Conditional Release Orders without conviction and Section 10 Dismissals ‘Non-Conviction’ in other Sentence Proceedings.
What is the offence of Recklessly causing Grievous Bodily Harm (GBH) or Wounding?
The offence of Recklessly causing Grievous Bodily Harm (GBH) or Wounding is an offence prosecuted under Section 35 of the Crimes Act 1900 and carries a maximum penalty of 10 years in prison or 14 years in prison if committed in company ‘with another person’.
An essential element of this offence, requires that ‘Grievous Bodily Harm’ was caused by the conduct of the offender.
Grievous Bodily Harm is defined as 'very serious harm' and some examples include:
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A bodily disease;
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Loss of sight;
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Permanent loss of the use of a limb;
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Destruction of a foetus;
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Permanent damage.
The element of ‘recklessness’ requires an individual to have committed an offence where it was ‘foreseeable’ that the conduct could have cause Grievous Bodily Harm, but they still went on with their actions regardless.
Example: Throwing a dangerous item ‘glass bottle, cricket bat, etc’ into a group of crowded people.
What is the punishment for the offence of Recklessly causing Grievous Bodily Harm (GBH) or Wounding?
The offence of Recklessly causing Grievous Bodily Harm (GBH) or Wounding is an offence prosecuted under Section 35 of the Crimes Act 1900 and carries a maximum penalty of 10 years in prison or 14 years in prison if committed in company ‘with another person’.
Maximum penalties generally apply in the most serious of circumstances and with the right Sydney Assault Lawyer you should receive a much lesser penalty.
When proceeding to Sentence the Court can impose:
-
a Fine;
-
Section 10 Dismissal;
-
Conditional Release Order (Without Conviction)
-
Conditional Release Order (With Conviction)
-
Community Correction Order (Good Behaviour Bond);
-
Intensive Correction Order (Term of Imprisonment served in the community);
-
Full-Time Imprisonment (Gaol)
Our Sydney Assault Lawyers have achieved fantastic results for our clients and have avoided prison for many clients and have a high success rate in securing a Section 10 dismissal non-conviction or a Conditional Release Order Without Conviction for many clients.
What are the Defences to an offence of Recklessly causing Grievous Bodily Harm (GBH) or Wounding?
Available Defences to Assault Occasioning Actual Bodily Harm include:
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Self-Defence of an individual;
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Self-Defence of another;
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Self-Defence extending to ownership of property;
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Duress; and
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Necessity;
Sydney Criminal Lawyers for Causing Grievous Bodily Harm (GBH) or Wounding with Intent– s 33 Crimes Act 1900
An assault involves any act that includes unauthorised touching or any conduct that causes another person to fear immediate and unlawful personal violence.
Although it can be very overwhelming if you are charged with assault, you can trust our Sydney Assault Lawyers to ensure you receive the best possible outcome.
Our Sydney Assault Lawyers have appeared in matters which range from a minor assault such as a push or a shove, to serious assaults which involve permanent injury or harm.
Our Sydney Assault Lawyers continue to attain remarkable outcomes including Not Guilty verdicts in Jury Trials and Conditional Release Orders without conviction and Section 10 Dismissals ‘Non-Conviction’ in other Sentence Proceedings.
What is the offence of Causing Grievous Bodily Harm (GBH) or Wounding with Intent?
The offence of Causing Grievous Bodily Harm (GBH) or Wounding with Intent is an offence prosecuted under Section 33 of the Crimes Act 1900 and carries a maximum penalty of 25 years in prison.
An essential element of this offence, requires that ‘Grievous Bodily Harm’ was caused by the conduct of the offender.
Grievous Bodily Harm is defined as 'very serious harm' and some examples include:
-
A bodily disease;
-
Loss of sight;
-
Permanent loss of the use of a limb;
-
Destruction of a foetus;
-
Permanent damage.
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Wounding requires the breaking of both the top and bottom layer of the skin.
What is the punishment for the offence Causing Grievous Bodily Harm (GBH) or Wounding with Intent?
The offence of Causing Grievous Bodily Harm (GBH) or Wounding with Intent ? is an offence prosecuted under Section 33 of the Crimes Act 1900 and carries a maximum penalty of 25 years in prison.
Maximum penalties generally apply in the most serious of circumstances and with the right Sydney Assault Lawyer you should receive a much lesser penalty.
When proceeding to Sentence the Court can impose:
-
a Fine;
-
Section 10 Dismissal;
-
Conditional Release Order (Without Conviction)
-
Conditional Release Order (With Conviction)
-
Community Correction Order (Good Behaviour Bond);
-
Intensive Correction Order (Term of Imprisonment served in the community);
-
Full-Time Imprisonment (Gaol)
Our Sydney Assault Lawyers have achieved fantastic results for our clients and have avoided prison for many clients and have a high success rate in securing a Section 10 dismissal non-conviction or a Conditional Release Order Without Conviction.
What are the Defences to Causing Grievous Bodily Harm (GBH) or Wounding with Intent?
Available Defences to Assault Occasioning Actual Bodily Harm include:
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Self-Defence of an individual;
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Self-Defence of another;
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Self-Defence extending to ownership of property;
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Duress; and
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Necessity;
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Domestic Violence Lawyers | Lawyers to Domestic Violence Charges
The term ‘Domestic Violence’ refers to criminal charges which occur in a ‘Domestic Violence’ setting and are charged under separate provisions.
Offences which can be charged under ‘Domestic Violence’ provisions include:
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Stalking;
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Intimidation;
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Harassment;
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Assault;
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Intimidation.
It is often the case that police will also apply for an Apprehended Violence Order ‘AVO’ when they charge someone with a Domestic Violence related offence.
It may be the case that there are false or exaggerated allegations that are made against you in a domestic relationship and an AVO may also be laid.
However, our Domestic Violence Lawyers can help you overcome these difficulties and achieve the best result for you. We offer a Free First Consultation and Fixed Fees to help you overcome the stressful situation which you may find yourself in.