Specialist Criminal Defence Lawyers in Sydney & Nationwide
Your Liberty Deserves Our Expertise
Trusted & Recommended by Clients. Let by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Winning Record
We are the best criminal lawyers in Sydney. We have successfully defended clients in many high-profile criminal defence cases in Australia, from drug charges, serious assault, to white-collar crimes, domestic violence charges, cyber crime and murder. Our victories demonstrate our unwavering commitment to protecting our clients' right to justice.
Extensive Experience
As a leading criminal defence law firm, our legal team has in-depth knowledge of the law. We navigate the complexities of the legal system to ensure the best possible outcome for our clients. Our Principal Solicitor, Peter O’Brien, has over 25 years of experience representing clients in NSW and across Australia. With a team of highly-experienced criminal lawyers including Law Society accredited specialists, our firm is known as one of the leading Sydney criminal law firms.
Personalised Approach
We understand every criminal case is unique. Our criminal lawyers take the time to understand all of our clients. Then, we tailor a strategy to achieve the best outcome with outstanding service. Getting advice sooner will increase your chance of success. Get started now by booking a free 15 minute consultation to better understand your rights and start building your defence.
Flexible Payment Options
At O’Brien Criminal & Civil Solicitors, we believe that everyone deserves access to top-tier legal defence, regardless of their financial situation. We offer flexible payment plans designed to ease the financial burden, allowing you to focus on your case with confidence. If you need assistance applying for Legal Aid, our team is here to help guide you through the process.
Criminal Lawyers: Cases We Handle
ASSAULT & VIOLENT CHARGES
From minor assaults to serious physical altercations including sex offences, our criminal lawyers provide robust defence strategies to protect your freedom and reputation. Common criminal offences under this category include: Serious Assault, Assault Occasioning Actual Bodily Harm (AOABH), Actual bodily harm (ABH), Reckless Causing Grievous Bodily Harm (‘GBH’), Murder, Manslaughter, and Sexual Assault.
DRUG OFFENCES
The O’Brien team of criminal defence lawyers based in Sydney have extensive experience defending clients against drug offences, including possession, trafficking, and manufacturing. We aim to protect your rights and achieve the best possible outcome if you are charged with drug offences.
WHITE-COLLAR CRIMES
At our law firm, our team of criminal lawyers have years of experience handling white-collar cases including cyber crime, fraud, embezzlement, insider trading, and many others, ensuring thorough and strategic defence.
TRAFFIC OFFENCES
Our team of highly experienced criminal defence lawyers defend clients against traffic and driving charges including drink driving, drug driving, reckless driving, and other traffic violations. We strive to minimise the penalties you receive to protect your driving privileges.
WEAPON OFFENCES
At O’Brien’s, you can relax knowing that our criminal lawyers also have extensive experience defending clients against weapon-related charges. Weapon offences include possession of a firearm, explosive, knife or other weapon and armed robbery. Our goal is to safeguard your rights and secure the most favourable outcome.
OTHER CRIMINAL OFFENCES
Our experienced criminal defence lawyers handle a wide range of criminal offence charges, including theft, burglary, stalking, offences against the police, domestic violence, and many more. If you are unsure if we cover your particular charge, contact us to find out.
Protecting Your Rights: Actions We Can Take
At O’Brien Criminal and Civil Solicitors law firm, our criminal defence lawyers understand the urgency of safeguarding your freedom. Here are some ways we can help you:
Defence Strategies
A criminal lawyer will work to reduce criminal charges and penalties through strategic negotiations and legal arguments. We can potentially help you avoid criminal charges through various strategies, including:
- Proving there was insufficient evidence, a violation of your rights, or procedural errors,
- Filling a Section 14 Application for a Mental Health Order,
- Testing the witnesses credibility,
- Working with our clients to prove their alibi is true,
- Claiming self-defence or a lack of intent.
Seeking Bail
The criminal lawyers at our law firm are experienced in applying for bail and ensuring you have the best chance of being released while awaiting trial. We can provide guidance on the types of information and documentation that you need to be provided to the court. O’Brien Criminal and Civil Solicitors regularly present bail applications in the Local, District and Supreme courts in Sydney and throughout NSW.
Negotiating Plea Bargain & Sentencing
Our legal team aims to achieve favourable criminal conviction plea deals or dismissals through effective negotiation. A criminal defence lawyer can negotiate your sentence or secure a plea bargain on your behalf. There are many components a judge will consider when making a sentence including character statements, positive behaviour, and impact on your family. With our help, you will have the best chance of receiving a fair settlement.
Litigating in Court: Leading Sydney Criminal Lawyers
If necessary, we vigorously defend you in court to achieve the best possible outcome.
The most effective course of action depends on the nature of your case and the severity of the charges. Our lawyers will carefully evaluate all options and advise you on the path most likely to achieve your desired outcome.
Let us guide you through this difficult time. Contact our expert criminal defence lawyers based in Sydney at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our criminal lawyer team.
Meet Our Criminal Defence Team - The Best Criminal Lawyers in Sydney
With over a decade of experience, our criminal defence lawyers have made us one of Australia’s leading criminal defence firms in New South Wales and throughout Australia. Led by firm founder and Principal Solicitor, Peter O’Brien, our dedicated and enthusiastic team has defended clients in courts all over the country, including in the High Court of Australia.
No matter how big or how small your case, our Sydney criminal lawyers will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Sidnie Sarang
Criminal Solicitor
Wilson Tighe
Criminal Solicitor
Elliot Rowe
Criminal Solicitor
Bethany Burns
Criminal Solicitor
Timothy Rayner
Criminal Solicitor
Matthew Hudson
Practice Manager
Mark Barnaville
Paralegal
Jackson Phillips
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The Criminal Defence Matter Process
1. Free Initial Consultation
If you are facing criminal charges, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our criminal defence lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your Case: Your criminal defence lawyer will meticulously gather evidence and develop a strategic defence, which may involve negotiating with prosecutors or preparing for trial.
3. Communication & Updates
Our Sydney criminal lawyers will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your criminal defence lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible result for you – whether that involves negotiating a plea deal, getting charges dismissed, or representing you in court proceedings. Remember: Criminal law is complex and seeking expert legal advice is crucial. Our experienced criminal lawyers are here to guide you every step of the way and fight to protect your freedom.
Remember: Criminal law is complex and seeking expert legal advice is crucial. Getting advice and representation without delay will increase your prospects of success. Our experienced criminal defence solicitors are here to guide you every step of the way. Request advice now.
What to Do if You've Been Arrested and Charged with a Crime
Being arrested and charged with a criminal offence can be an overwhelming and frightening experience. Here’s what to do to protect your rights and build a strong defence:
- Stay Calm and Compliant
- Remain Silent: Politely inform the police that you wish to remain silent and request a lawyer immediately. You have the right to remain silent, and anything you say can be used against you.
- Cooperate with Police: Do not resist arrest or argue with the police. Remaining calm and compliant can help avoid additional charges or complications.
- Document Everything
- Record Details: As soon as possible, write down everything you remember about the arrest, including the time, location, officer names, badge numbers, and any witnesses present.
- Collect Evidence: Gather any evidence that may support your defence, such as photos, videos, or witness contact information.
- Medical Attention: If you were injured during the arrest, seek medical attention immediately and document your injuries.
- Contact a Criminal Defence Lawyer Immediately
- Seek Legal Advice: A specialist criminal defence lawyer will assess your situation, advise you on your rights, and develop a strategy to protect your interests.
- Understand Charges: Someone from our team of criminal lawyers will explain the charges against you, potential penalties, and your options for defence.
- Bail Application: If you are in custody, one of our criminal lawyers can assist with applying for bail to secure your release while awaiting trial.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your criminal defence lawyer. This includes family, friends, and cellmates, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Prepare for Court
- Legal Representation: Ensure you have a competent criminal lawyer to represent you. Your lawyer will guide you through the legal process, prepare your defence, and advocate on your behalf.
- Court Appearance: Attend all scheduled dates. Failure to appear can result in additional charges and a warrant for your arrest.
- Know Your Rights
- Right to a Fair Trial: You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your criminal lawyer can help you present a strong case for your release.
- Act Quickly
- Timely Action: The sooner you contact a criminal defence lawyer, the better your chances of building a strong defence and protecting your rights.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your defence.
Remember: Don’t face this alone, criminal law is highly complex. Let one of our highly experienced criminal lawyers at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Criminal Defence Law
When Are Police Allowed to Arrest Me?
Under criminal law, police can arrest you if they have reasonable grounds to believe you have committed an offence, are about to commit an offence, or if you have a warrant out for your arrest. It is important to remember you have the right to remain silent and request a criminal lawyer immediately upon arrest to ensure your rights are protected.
Do I Have to Speak to Police When Under Arrest?
No, you do not have to speak to police when under arrest. In criminal law, you have the right to remain silent except for providing your name and address. It is crucial to request a lawyer and avoid making any statements that might be used against you.
What Is a Statement, and Do I Have to Make a Statement to the Police?
A statement is a written record of your account of the events as recorded by the police. You are not obligated to make a statement, and it is often advisable to refrain from doing so without legal counsel present, as anything you say can be used as evidence in court under Australian criminal law.
Why Do I Need a Criminal Lawyer If I Am Innocent?
Even if you are innocent, navigating the legal system can be complex and challenging. A criminal lawyer helps protect your rights, ensures proper legal procedures are followed, and can negotiate with the prosecution lawyers. They provide crucial expertise in criminal law, building a defence and advocating on your behalf.
What Is a Summary Offence?
Summary offences are less serious crimes, such as minor criminal and traffic violations and disorderly conduct, which are dealt with in the Magistrates Court. The maximum penalty for summary offences is usually two years imprisonment.
What Is an Indictable Offence?
Indictable offences are more serious crimes, such as theft, assault, and drug trafficking. These offences carry longer imprisonment terms or higher fines and are dealt with in higher courts such as the District or Supreme Courts.
What Should I Do If I Face a Criminal Charge?
If you are charged with a criminal offence, it is crucial to contact a criminal defence lawyer immediately for independent legal advice. Your criminal lawyer will guide you through the legal process, protect your rights under criminal law, and help you understand the charges and potential consequences.
What Is Bail and How Does It Work?
Bail allows you to be released from police custody while awaiting trial, subject to certain conditions. If you fail to attend court as required or breach bail conditions, you could be re-arrested and possibly remanded in custody.
What Is a Committal Hearing?
A committal hearing is a preliminary hearing where a Magistrate reviews the evidence to determine if there is sufficient evidence to proceed to trial for an indictable offence. During this hearing, you can call witnesses and challenge the prosecution's evidence.
Do I Have to Speak in Court?
If you have a lawyer, you generally do not need to speak. Your criminal lawyer will represent you, present your case, and speak on your behalf, ensuring that your defence is effectively communicated.
What Role Does My Criminal Lawyer Play in My Case?
Your criminal lawyer provides legal advice, represents you in court, and advises you on your best options. O’Brien Criminal and Civil Solicitors is a leading criminal law firm that has years of experience and extensive knowledge of the New South Wales and Australian justice system and criminal law. They will develop a defence strategy, gather evidence, and negotiate with the prosecution lawyers, and strive to achieve the best possible outcome for your case. For trials with a jury then experienced lawyers can help prove reasonable doubt.
What is a criminal record, and what does it include?
A criminal record is an official document that lists all criminal convictions where you have pleaded guilty or been found guilty and convicted of an offence by a court. It includes serious traffic offences, such as drink driving, dangerous or negligent driving, and driving while disqualified. Minor traffic offences, like parking fines, do not go on your record. Some other information on criminal records is shown below.
How long does a criminal record last in NSW?
Most records are permanent, but some convictions can be "spent" after a certain period of time. For adults, this period is typically 10 years, while for children, it is 3 years. During this time, you must not commit any further offences. If you do, the conviction will not be spent, and it will remain on your record.
Can I remove a criminal record in NSW?
In general, criminal records are permanent and cannot be removed. However, some convictions can be "spent" after the specified period. Additionally, in some cases, you may be eligible to apply to have your conviction extinguished, such as for historical homosexual offences.
In general, criminal records are permanent and cannot be removed. However, some convictions can be "spent" after the specified period. Additionally, in some cases, you may be eligible to apply to have your conviction extinguished, such as for historical homosexual offences.
A criminal record can have significant impacts on your life, including:
- Employment: Many employers require criminal record checks, and a conviction may affect your job prospects.
- Travel: A criminal record can prevent you from entering certain countries or obtaining visas.
- Reputation: A criminal record can damage your personal and professional reputation.
- Future legal issues: Having a criminal record can increase the severity of penalties for future offences.
Can I get Legal Aid for a criminal offence?
Yes, you may be eligible for Legal Aid for your criminal charges.
A legal aid grant can help pay for some or all of your legal costs, including your lawyer fees, court fees, and other legal expenses.
The amount of money you get and the services it covers depends on your personal situation and the type of legal problem you have. For instance, a criminal case might be more costly than a civil dispute, so the grant might need to be greater.
How much will my criminal case cost?
The cost of your legal matter can vary widely depending on several factors, including the complexity of the case and the specific services needed.
For many clients, a consultation with one of our criminal lawyers might be free*. O’Brien Criminal and Civil Solicitors is a leading criminal law firm. Our leading criminal lawyers provide cost-effective and professional legal advice compared with other criminal law firms for our clients. In some instances, we offer reduced fees or pro bono services at the discretion of our Principal. We can also assist you in applying for Legal Aid if you are eligible. Speak to us if you have concerns regarding your ability to pay your legal fees.
For a precise estimate, it’s best to contact us directly to discuss your specific case.
How long will my criminal matter take?
The duration of your legal matter can vary significantly depending on several factors, including the complexity of the case, the type of legal issue, court availability, the need for additional evidence, and the processes involved.
During your initial consultation with us, we can provide an estimated timeline based on the specifics of your case. Regular updates will be given to you throughout your case so you are informed of any changes to the timeline.
Criminal Law Case Studies
Young Person Charged with Drug and Weapons Offences after displaying a taser
Young Person charged with Common Assault and Robbery in Company: ML – Charges dismissed
WM – No conviction for client charged with property offence
WD – Successful outcome for client charged with driving offence
WD – Successful outcome for client charged with common assault
