Assault Lawyers Gosford – Gosford Local Court & Gosford District Court Representation. Are you facing charges for assault or assault occasioning actual bodily harm Call 02 9261 8640.
George Sten & Co Criminal Lawyers have decades of experience in defending persons charged with criminal offences. There are various assault offences at law in New South Wales and to be found guilty of having committed an assault offence is extremely serious. From June 2017 – June 2018 there were 3295 incidents of assault on the Central Coast and in the Gosford area. This was an increase from 3201 for the previous year.
If you have been charged with an assault offence, it is vital to speak with a criminal defence lawyer for advice on your matter and to retain proper defence. The advice a criminal defence lawyer will give you will depend on the evidence that may be used against you in the matter. If there is strong evidence the police have in their possession and which may be admitted in court to be used to prove beyond a reasonable doubt that you committed an assault offence, it may be advisable to plead guilty.
If the police have in their possession weak evidence or evidence which cannot be admitted in court to be used against you, it may be the best option to plead not guilty. A criminal defence lawyer can negotiate with the police to discuss the prospects of the matter and potentially have the charges dropped in the event that it may be argued that the offence cannot be proved.
For the police or prosecution to prove that a person committed an assault offence, they must prove specific elements of the offence beyond a reasonable doubt. This is a high standard of proof and without strong and admissible evidence, the offence cannot be proved.
The general gist of assault is that the accused person caused another person to apprehend immediate and unlawful violence. This means that the accused did something, which resulted in another person fearing that they may experience violence at that moment, which is unlawful violence. Unlawful violence refers to violence, which is not permitted by law, for example a game of rugby (within the rules of the game) is not unlawful violence, as is boxing or mixed martial arts. Whilst each of these sports involves violence, it is permitted at law as long as it is played within the rules. If a person was to throw a punch during a game of rugby or football or commit an act, which is outside of the rules of the game, this may amount to an assault offence.
Examples of assault may include raising a fist at someone causing that person to fear that they may be punched, or communicating something to someone, which causes that person to fear that violence may be inflicted upon them, such as telling someone ‘I am going to punch you’. Assault has been proved where a person phoned another person and remained silent on the phone.
Section 56 – 61 of the Crimes Act deals with assaults generally. Section 61HA – 80AA deals with rape and sexual assaults.
Section 59 of the Crimes Act details the offence of ‘assault occasioning actual bodily harm’. A person may be charged with this offence where it is alleged that not only was an assault committed (which does not by itself require bodily harm) but also that bodily harm was caused as a result of the assault. A person may be charged with this offence if it is alleged they committed an act such as punching someone and that person is bruised or receives a black eye. If it is proved that a person committed an assault occasioning actual bodily harm, they will face a penalty of up to 5 years in prison.
If it is proved that a person committed an assault occasioning actual bodily harm and the accused person was in the company of another person or persons, they will face a penalty of up to 7 years in prison. This may be proved where for example, a person assaults another person and they are with another person, who may also be involved in the assault or they may just be present at the time the assault was committed.
There were 1693 incidents of domestic assault from June 2017- June 2018 on the Central Coast and in the Gosford area. This was a slight increase from 1682 incidents the previous year.
There were 461 incidents of indecent assault, acts of indecency & other sexual offences from June 2017- June 2018. This was in an increase from 393 incidents the previous year.
Any assault offence is extremely serious and if you are found guilty of having committed an assault offence, you may face years in prison. If you have been charged with an assault offence or even think that you may be charged with an assault offence, you should speak with a criminal defence lawyer as soon as possible. George Sten & Co Criminal Lawyers have extensive experience defending persons charged with assault offences and can advise and defend you in the event you have been charged with assault.
For more information call our Assault Lawyers Gosford, George Sten & Co Criminal Lawyers. We are available 24 hours a day 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at [email protected].