If you’re charged with common assault in NSW, first and foremost, get an experienced criminal defence lawyer. By doing so, they can explain the charges and, furthermore, craft a defence strategy. Moreover, they’ll represent you in court.
Here’s how a lawyer helps in a common assault case in NSW:
Regarding Police Station Advice:
Before giving any statement to the Police, it’s essential to talk to a lawyer. Consequently, this prevents self-incrimination.
Concerning Evidence Challenges:
Initially, lawyers can challenge evidence such as witness accounts, forensics, and medical data. Subsequently, they’ll spot inconsistencies in the prosecution’s case, thereby questioning the reliability of the evidence.
In terms of Plea Guidance:
Lawyers advise on plea choices: guilty or not guilty. Additionally, they’ll lay out each option’s implications, ranging from conviction risks to penalties.
They will also advise you on the discount available for a plea of guilty at the first available opportunity.
When it comes to Defence Exploration:
They’ll delve into defences like self-defence, duress, or necessity. In doing so, using the incident’s details and other factors, they will build your case.
With regard to Prosecution Negotiations:
Firstly, your lawyer can negotiate with prosecutors. As a result, they may get charges reduced, dropped in order to secure a better outcome.
Considering Court Representation:
In court, they’ll argue for you, cross-examine witnesses, challenge prosecution evidence, and defend you.
In the realm of Rights Protection:
Throughout the process, they safeguard your rights. This notably includes rights like remaining silent and getting a fair trial.
To emphasise, a solid defence strategy is of utmost importance when facing NSW common assault charges. Hence, your lawyer will focus on the incident details, relevant factors, and ensure your rights are preserved.
In conclusion, assault is a notably grave crime in NSW. It can lead to severe penalties, and, in some cases, even long prison terms. So, if charged, you absolutely must hire a skilled criminal defence lawyer. They’ll not only clarify the charges but also develop a strategy. Furthermore, they’ll defend you in court, ensuring your rights are always upheld.
What should you do next if you are charged with common assault?
If, unfortunately, you find yourself accused of common assault, immediately call Proctor and Associates at 02 9687 3777 or email Peter directly at peter@proctorlaw.com.au for expert assistance.
Sexual Assault FAQs
What is the definition of sexual assault?
Sexual assault is where a person has sexual intercourse with another person without their consent. The person must know that the other person doesn’t consent, or is reckless as to whether the other person consents or not. Sexual intercourse has a broad definition. (see S.61HA Crimes Act NSW)
How do you defend sexual assault charges?
Defending a charge of sexual assault or sexual touching is difficult but will depend upon the allegation; whether in fact it took place or if something did take place, whether consent was given. If you are charged with a sexual assault offence, you should contact an experienced lawyer who will give you advice in respect of the charge and the best way to approach the allegation against you.
What does sexually touching mean?
Sexual touching involves intent and circumstance. It occurs by way of deliberate touching by a person with any part of the body, or anything else, to the person of another in circumstances where a reasonable person would consider the touching to be sexual. Touching the private parts of a person would be sexual (see s.61HB of Crimes Act NSW).
Is groping a crime in Australia?
Yes. To grope the person of another could constitute “sexual touching” which is a crime in New South Wales. It would however depend upon what part of the body is touched and the circumstances of the touching.
What is classed as inappropriate touching?
Inappropriate touching is generally based on community standards of conduct which falls short of what a reasonable person would accept as acceptable behaviour.
What is an example of inappropriate touch?
Slapping or pinching a woman on the buttocks, rubbing your body against another person would be examples of inappropriate touching and for which you could be charged with an offence of “sexually touching” the person of another.
What is the penalty for sexual assault in NSW?
The penalty depends upon the charge that a person is found guilty of. Sexual Assault of an adult in New South Wales carries a maximum penalty of 14 years imprisonment. However, there are other degrees of seriousness (eg. Aggravated, in company, under the age of 16 years, under the age of 10 years) which carry far higher penalties and as high as life imprisonment in the case of sexual assault to a child under 10 years of age.
