Criminal Case Study, Common Assault Defence Lawyer Sydney: Mike*, a British tourist, found himself in trouble while on an Australian working holiday visa. During a birthday celebration, Mike became heavily intoxicated and engaged in an altercation with a friend at his hostel.
Then, CCTV captured Mike aggressively confronting his friend, brandishing a 30cm knife, and ultimately assaulting his friend. Hostel staff promptly reported the incident to the police. Luckily, he contacted our firm to speak to a Common Assault Defence Lawyer Sydney.
Matter type: Hearing / Sentence / Section 14 Application / Trial / ADVO / APVO / Other
Common Assault Defence Lawyer Sydney – Criminal Charges:
Initially, Mike faced multiple serious charges:
- Common Assault, with a potential sentence of up to 2 years.
- Affray, carrying up to 5 years.
- Armed with Intent to Commit an Indictable Offence, threatening 7 years and
- Finally, larceny, also up to 5 years.
Common Assault Defence Lawyer Sydney: legal strategy
Upon reviewing the charges, our legal team decided to challenge the severity of the charges. Basically, the strategy included:
- Negotiating with the police to drop or downgrade certain charges.
- Pleading Not Guilty to gather more evidence.
- And proposing a reduced plea deal, which initially included dropping the Larceny and Armed with Intent charges. At the same time, we adjusted the Affray charge to a lesser Intimidation charge.
Negotiations for Common Assault cases:
However, the initial plea deal was rejected by both the police and prosecution. Therefore, this lead to further negotiations. Ultimately, a revised offer was accepted:
- Larceny and Affray charges were withdrawn.
- Guilty plea entered for the Armed with Intent (Knife) and Common Assault charges, with the latter included on a “Form 1” document to mitigate its impact on Mike’s record.
Rehabilitation Efforts:
Furthermore, Mike was advised to engage in rehabilitation:
- Attendance at Alcoholics Anonymous meetings.
- Consultations with an Alcohol Counsellor over several weeks.
- And submission of character references from employers and family.
Outcome of Common Assault Defence Lawyer Sydney
In the end, the court considered the fresh evidence and Mike’s proactive efforts to address his issues. Consequently, the judge issued a Conditional Release Order (CRO) without a conviction, lasting two years with specific conditions:
- Abstinence from drugs and alcohol for six months.
- Supervision by Community Corrections.
Common assault lawyer Sydney
On reflection, the case highlights the effectiveness of strategic legal negotiations and proactive rehabilitation efforts in achieving favourable outcomes. If you need a common assault defence lawyer Sydney, get in touch.
Mike’s case also underscores the importance of tailored legal strategies. A common assault Defence Lawyer Sydney will consider the individual circumstances of your case. Our lawyers will also take proactive steps towards rehabilitation.
This approach not only helped in reducing the charges but also in securing a non-conviction outcome. Therefore, this successful outcome was also crucial for Mike’s future in Australia.
Criminal lawyer for common assault
If you or someone you know is in a similar situation, it’s vital to seek professional legal advice. Enquire online or call O’Brien Criminal and Civil Solicitors on (02) 9261 4281.
Alternatively, you can also email us at . Then, we can set up a free appointment for some cases* with our criminal lawyers in our Sydney office.
Read our other successful Criminal Defence Case Studies.
*We changed the client’s details to protect their privacy.
