Though Sydney ranks as the 5th safest city globally, crime is not exempt in the Harbour City.
Assault is the second most common offence appearing before the law courts in the Emerald City. It has touched a 59% mark in statistical areas like Sutherland. Whereas Baulkham and Parramatta show an increase in domestic assaults, recording over 120 cases this year.
Being charged with assault has life-changing repercussions of bearing severe penalties and losing respect in society. It is best to consult an adept criminal lawyer to represent you in the court of law and help you register a win with a proven acquittal.
The reputed Sydney criminal lawyers in Sydney NSW diligently work on preserving your legal rights and offering the necessary information and confidence to pursue your case. Here’s what you need to know about assault charges for a better perspective.
What is an Assault?
Assault involves a person intentionally or recklessly instigating a sense of fear of immediate violence in the other person, with or without force.
This severe offence in the capital city comes under Part 3 of the Crime Act 1900 (NSW), which covers crimes against a person. Whether it is common, sexual or aggravated assault charges, each of these offences has unique elements that the prosecution has to prove to level assault charges against you.
An adept Sydney criminal lawyer will have an in-depth knowledge of the NSW state law, using it to your advantage and thus helping you win a no conviction outcome.
A common assault is an act that results in no or not so serious injuries. Sydney has an average crime index of 33.5, with crimes threats such as common assault not far behind, at 32.5.
In Sydney, s61 of the Crimes Act 1900 covers common assault charges.
Common assaults carry a penalty of a maximum sentence of two years imprisonment or fines of up to $5,500.A skilled criminal attorney will downplay the charges on you, thus reducing your penalty to the minimum.
Grievous Bodily Harm
Recently, BOCSAR recorded a 4.9 annual rate of domestic assault incidents involving grievous bodily harm.
In Sydney, the Intent to Cause Grievous Bodily Harm charges, under s33, carry a maximum of 25 years imprisonment. But an unlawful act or negligence resulting in such assaults will get you a penalty of 2-year imprisonment, under s54.
The diligent Sydney criminal lawyers in Sydney, NSW, understand every element of this offence. They identify the category your charges fall into and manoeuvre your case accordingly.
Between 2016 and 2017, Penrith, Westmead and the Sydney CBD witnessed the highest increase in sexual assault cases, recording over 50 instances.
Section 61 of NSW state law deals with sexual assaults in Sydney, making a crime like non-consensual sexual intercourse liable to 14 years imprisonment. Depending on the crime circumstances, these assaults come under various sections, ranging from s61HA, s61J to s61M. Only a smart lawyer can assess your case and pursue your lawsuit under the appropriate areas, thus bringing you to justice.
In the more severe assault cases, Sydney follows the one-punch laws. If you assault the other person, leading to their death, you can go behind bars for 25 years. And if you were in an inebriated state when the incident occurred, your penalty can vary between 8 and 25 years.
A skilled attorney will review the pieces of evidence and use these laws in your favour, making your case stronger.
A criminal conviction for assault offences will have a ponderous impact on your life, even restricting your job prospects in Sydney and limiting your ability to travel abroad.
The NSW government is moving towards amending the concealment laws, ensuring that Sydney victims need not fear criminal prosecution for not informing the authorities. However, it is advisable to engage an experienced Sydney criminal attorney if you are facing assault charges. With the right legal time on your side, you will have a reduced penalty and have a calm future in Sydney.