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Traffic Law

 

Assault Police in Execution of Duty

If you’ve been charged with assault, resist or hinder police officer in execution of duty, we are here to help. Our experienced criminal lawyers are committed to your result.

Can I avoid a criminal record for assault police officer in execution of duty?

This offence is viewed very seriously by a court. Therefore, a criminal conviction is likely.

However, it is possible to avoid a conviction for less serious examples of assaulting a police officer. As a result, a conditional release order without conviction would be imposed. The likelihood of this outcome depends on the extent of the assault, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

For serious examples of assaulting a police officer, a court will consider a term of imprisonment. This includes first time offenders. 

However, there are alternatives to jail that the court can impose, such as a community corrections order or intensive corrections order.

What is the penalty of assault police in execution of duty?

The maximum penalty is 7 years imprisonment, if the assault causes actual bodily harm. If there is no injury, or there is an allegation of intimidation or harassment, the maximum penalty is 5 years. Therefore, it’s a serious offence.

However, there is a less serious charge of resisting police, which carries a maximum penalty of 12 months. As a result, it might be possible to negotiate with police and plead guilty to this less serious charge instead.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt:

  1. That there was physical conduct, or threatened conduct towards a police officer; and
  2. The police officer was on duty at the time; and
  3. The conduct was intentional or reckless; and
  4. Without the consent of the police officer; and
  5. Without lawful excuse

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.

We can help 

We are committed to helping you obtain the best possible outcome for your case. In addition, we will ensure you’re informed and consulted every step of the way.

Contact us today on 0421 700 497 for a free initial consultation.

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Destroy Damage Property

We are here to help if you’ve been charged with destroy or damage property, or malicious damage. You can read more information on this charge below. In addition, you can book a free initial consultation to speak with our experienced criminal lawyers.

What counts as damage property?

Property does not have to be permanently damaged, or irreparable. Instead, it just needs to be unusable or not easily fixed.

You can be charged with damaging your own property if police can prove that the property is jointly owned with another person.

Can I avoid a criminal record for destroy damage property?

Yes, it’s possible to avoid a criminal conviction.

The court will consider a number of different factors to determine whether a conviction will be recorded. For example, the seriousness of the offence, your criminal history and your subjective circumstances. 

Will I go to jail?

It’s possible to go to jail for this offence. In NSW, the maximum penalty is 5 years imprisonment. 

Jail is unlikely for first time offenders. Most offenders will receive a conditional release order or community corrections order. However, the chance of jail increases if the circumstances are serious and the person has a criminal history.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

  1. Destroyed or damaged property; and
  2. The damage was inflicted intentionally or recklessly; and
  3. The property belonged to another person, or was jointly owned.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence or under duress.

We can help 

Contact us today on 0421 700 497 for a free initial consultation.

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Affray

We are here to help if you’ve been charged with affray. We are committed to helping you obtain the best possible outcome for your case.

Definition of Affray

An affray is when two or more people engage in conduct, or threats, that would cause fear to anyone who observed the conduct.

The conduct can be words alone. Therefore, no physical contact needs to occur. Additionally, there does not actually need to be someone at the scene observing the incident. The offence can be proven if the person’s conduct would cause another to fear for their safety, whether or not that person was in fact present at the time. 

Examples

This charge will usually be laid when there is a group of people involved in a fight or melee in a public place. A common example is when there is a fight in a pub or at a sports game.

Can I avoid a criminal record for affray?

A court will usually record a conviction for this offence. Depending of the seriousness of the offence, the most common penalty for first time offenders is a conditional release order or community correction order. First time offenders can be sentenced to imprisonment if the circumstances of the offence are serious.

However, it is possible to avoid a criminal conviction. The likelihood of this outcome depends on the degree of violence, the circumstances of the offence, and the subjective circumstances of the offender. 

Will I go to jail?

This offence carries a maximum penalty of 5 years imprisonment. Therefore, for serious examples of this offence, the court can consider a term of imprisonment. This includes first time offenders. 

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Threatened unlawful violence to another; and

2. Your conduct would cause another person of ‘reasonable firmness’ present at the scene to fear for their safety

If the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, then you may be acquitted of the charge. 

We can help 

We have successfully defended charges of affray. In addition, we have had the charge withdrawn by negotiating with police. However, if you wish to plead guilty, we will work with you to ensure you prepare a strong subjective case in order to seek leniency from the court.

Contact us today on 0421 700 497 for a free initial consultation. 

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Assault Occasioning Actual Bodily Harm

Assault occasioning actual bodily harm is when the assault causes an injury. As a result, it is dealt with more seriously than common assault. We’ve explained this charge in more detail below. If you need help, call one of our experienced criminal lawyers on 0421 700 497.

Can I avoid a criminal record for assault occasioning actual bodily harm?

Yes, it is possible to avoid a criminal record. The likelihood of this outcome depends on the extent of the injury, the circumstances of the offence, and the subjective circumstances of the offender. 

It is possible to increase the chances of this outcome by preparing a strong subjective case. We help you prepare a strong case, by working closely with you and understanding the unique circumstances of your case.

However, due to the seriousness of this charge, a conviction will be recorded in most cases.

Likely sentence

Depending of the seriousness of the offence, the most common penalty for a first time offender is a conditional release order or community correction order. As a result, a conviction is recorded.

Will I go to jail?

Assault occasioning actual bodily harm carries a maximum penalty of 5 years imprisonment in NSW. Therefore, it is possible to go to jail.

For serious examples of this offence, the court will consider a term of imprisonment. This includes first time offenders. However, there are other options available to the court for serious assaults, such as an intensive corrections order. Therefore, you should seek legal advice to find out if it is possible to minimise your chance of going to jail.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

  1. There was physical conduct (touching or striking); 
  2. The conduct was intentional or reckless;
  3. The conduct was without the consent of the person; 
  4. Without lawful excuse; and
  5. The action caused actual bodily harm.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.

Examples of ‘actual bodily harm’

Actual bodily harm refers to an assault where an injury occurs. However, the injury must be “more than merely transient or fleeting” (R v Donovan [1934] KB 498).

There is no exhaustive list of what constitutes actual bodily harm. For instance, bruises and scratches are common examples of injuries that are capable of amounting to actual bodily harm. In some cases, psychological harm can also amount to actual bodily harm.

If the injury is transient or fleeting, the more appropriate charge is common assault.

We can help 

Our lawyers are experts in representing offenders charged with assault. We can help you defend the charge. We have also had consistent success with negotiating with police, which can result in the charge being withdrawn or downgraded.

Contact us today on 0421 700 497 for a free initial consultation.

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Breach AVO

If you breach an AVO, we are here to help . We are not only committed to helping you obtain the best possible outcome, but we ensure you remain fully informed throughout the court proceedings. Contact us for free advice.

Will I get a criminal record for breach AVO?

It is possible to avoid a criminal conviction for contravening an AVO.

The likelihood of this outcome depends on the seriousness of the offence and your subjective circumstances. If it is a minor breach of an AVO, a court will likely be more lenient. However, a breach involving violence will likely result in a conviction and may result in imprisonment.

Generally, a court will consider a conditional release order or a community corrections order for this offence.

Will I go to jail for contravening an AVO?

Yes, it is possible to go to jail for breaching an AVO. The maximum penalty is $5,500 and/or a term of imprisonment of 2 years.

The likelihood of jail depends on the seriousness of the offence, and your subjective circumstances. For example, if the breach involves violence, there is strong possibility that you will go to jail. The chance of going to jail also increases if you repeatedly contravene the AVO, even if the breaches are minor.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

  • There was an AVO in place, and
  • You knew the AVO was in place, and
  • You knowingly breached a condition of the AVO.

Therefore, you will be found not guilty if the prosecution is unable to prove these elements.

We can help

Our lawyers are experienced lawyers who specialise in criminal law.

Contact us today on 0421 700 497 for a free initial consultation.

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Common Assault

We are committed to helping you obtain the best possible outcome for your common assault charge. For free advice, contact one of our experienced criminal lawyers.

Can I avoid a criminal record for common assault?

Yes, it is possible to avoid a criminal conviction.

The likelihood of this outcome depends on the circumstances of the offence. In addition, the court will consider your subjective circumstances. This means if the assault is serious, or if you do not have a strong subjective case, a non-conviction is unlikely.

Common assault sentence for first offence

If it is your first offence, and the assault is not serious, you will likely receive a fine, conditional release order or community corrections order.

In some circumstances, the court may decide to not record a conviction. You can increase the chances of this outcome by preparing a strong subjective case.

Will I go to jail?

This offence carries a maximum penalty of 2 years imprisonment in NSW. Therefore, it is possible to be sentenced to jail. This includes first time offenders.

The likelihood of full time jail depends on the seriousness of the assault, your criminal history and your subjective circumstances. However, there are other options available to the court for serious assaults, such as an intensive corrections order. Therefore, you should seek legal advice to find out if it is possible to minimise your chance of going to jail.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

  • There was physical conduct, or threatened conduct towards another person; and
  • The conduct was intentional or reckless; and
  • Without the consent of the person; and
  • Without lawful excuse

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or if you can establish that you acted in self-defence, under duress or out of necessity.

We can help

Our highly experienced criminal lawyers can help you:

  • Defend the charge
  • Negotiate with police to withdraw the charge or amend the police facts
  • Or if pleading guilty, we can help you to prepare a strong subjective case in order to seek leniency from the court.

Contact us today on 0421 700 497 for a free initial consultation.

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Apprehended Domestic Violence Order

If you have been served with an Apprehended Domestic Violence Order (AVO) we are here to help. Contact our experienced criminal lawyers for free advice.

Who makes the AVO?

An Apprehended Domestic Violence Order will name a ‘protected person’. However, the protected person does not make the AVO themselves. Instead, police make the application on their behalf.

Police apply for a “provisional order”. You must then attend court. After that, a final order will be made by a magistrate unless the AVO is withdrawn or contested.

Can I have an AVO withdrawn?

Yes. There are two options:

  1. Negotiate with police:
    • In some circumstances, police may agree to withdraw the AVO.
  2. Contest the AVO:
    • If there is not enough evidence to support the AVO, the AVO will therefore be withdrawn by a magistrate.

You should obtain legal advice before you contact police.

Similarly, if you are the protected person and you want police to withdraw the AVO, you should also obtain independent legal advice before speaking with police.

What happens if I breach an AVO?

Breaching an AVO is a criminal offence. Our Breach AVO page has more information.

Can I have a condition removed?

Yes, you can apply to the Court to vary the AVO.

How long will the AVO be in place for?

A court will usually make a final order for 2 years. However, it is possible to negotiate a shorter period.

Will an AVO show on my criminal record?

No, it will not go on your criminal record. For more information, read our blog.

Conditions

Every AVO will include a ‘mandatory condition’, listed as Condition 1. As a result, you cannot assault, stalk, harass or intimidate the protected person, or damage their property.

In addition, the AVO can include other conditions, such as an order that you must not do the following:

  • Contact the protected person
  • Reside with the protected person
  • Contact the protected person within 12 hours of consuming alcohol or drugs
  • Go within 100 metres from where the protected person lives or works

What happens if I also have criminal charges?

If you’ve been charged with a domestic violence related offence, such as common assault or damage property, you will usually need to wait for the criminal charge to be finalised, before the AVO is finalised.

We can help 

Our lawyers are highly experienced criminal lawyers.

We can help you:

  • Contest the AVO
  • Negotiate with police to withdraw the AVO
  • Or make an application to vary the AVO, such as removing a condition.

Contact us today on 0421 700 497 for a free initial consultation. 

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