You’re enjoying a peaceful afternoon at home when the doorbell rings. Expecting a neighbour or a delivery, you open the door and get shocked to see two police officers holding an arrest warrant. Before you can process what’s happening, they inform you are charged with assault. Confused and in denial, you realise it is coming from a heated argument you had earlier with someone and now, you are wrongly accused.
If this sounds like your present situation, you must be angry, ashamed, and confused. While criminal lawyers in Blacktown can handle your case well, taking immediate steps for false accusation is the key.
In this blog, you will learn each of the steps you must take after being charged with assault in Blacktown. So, keep reading it till the end.
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Do Not Say Anything Without Legal Advice
When the police arrest a person, they interrogate them with a lot of questions. At this point, it is important to remain silent. Avoid explaining the situation, mentioning names, and clarifying the incident to the officer. This is beneficial because police authorities focus on the arrest process and controlling the situation. Even if they listen, they might interpret a different meaning to support their case.
If you are innocent, there will be no concrete evidence against you. But does that mean you must always stay calm? No. But you must decline to answer questions now until you speak with a local criminal lawyer.
Tip:
You must assure that the police officer explains your legal rights under the specific assault charges. Until then, you have a right to remain silent under NSW law.
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Avoid Reacting to the Situation
Extending to the first step, another tip is to prevent showing your emotions. It is obvious to feel confused, angry, and argue in response to an unjust complaint. But instead of getting carried over, staying neutral and composed will actually help you win the support.
Here’s something you must avoid:
- Don’t argue with the officers.
- Don’t contact the third person, unless asked for.
- Don’t vent your frustration on social media or post pictures of the police officer.
Exaggerating the situation is no less than inviting another trouble working against you. You might want to speak and get the facts right, but legal matters require a legal representation.
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Understand the Accusation Type and Defence Strategies
Section 61 of the Crimes Act 1900 in New South Wales distinguishes assault into three categories: Common Assault, Assault Occasioning Actual Bodily Harm (ABH), and Reckless Grievous Bodily Harm (GBH). Knowing what you’re charged with helps in defending your case.
Here are some good explanations of each type of assault.
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Common Assault:
This happens when a suspect makes offensive physical gestures, speaks threatening words, or even attempts to physically harm a person. However, the intent behind this is to instill fear of violence and not to cause any injury.
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Assault Occasioning Actual Bodily Harm (ABH):
This type of assault on the part of a suspect happens through the use of weapons or life-harming tools. It can lead to serious physical harm to the victim including bruises, deep cuts, swelling, and scratch marks. However, the injury is treatable.
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Reckless Grievous Bodily Harm (GBH):
Last one in the list of assaults in New South Wales is the reckless grievous bodily harm. This can cause permanent disability or paralysis to a victim on the grounds of being hit down through reckless driving or dangerous physical action.
It is important to point out that each type of assault has different length of penalties. However, you can raise a defence against the offense. To understand the right way to defend your case, it is best to approach criminal lawyers in Blacktown for further assistance.
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Contact a Local Criminal Lawyer Immediately
While you are exploring the best legal solicitor in Blacktown for reducing or dismissing the charges, knowing what to look for is crucial.
A criminal lawyer will:
- Advise and prepare you for police investigation.
- Assist with bail application.
- Collect supporting evidence.
- Represent you in court from day one.
A local lawyer with experience in Blacktown courts knows the judges, lawyers, and the city-specific legal processes for an assault blame. This lets your defence lawyer negotiate or withdraw the charges before the court case, bringing forward a good opportunity to win the case.
Last but not the least, contact any trusted criminal lawyers in Blacktown experienced in defending assault cases across Western Sydney.
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Collect Evidence That Supports Your Side
Your assault lawyer will gather every relevant evidence, however you must do your bit to prove your situation.
Some of the evidences you might want to have are as follows:
- CCTV footage of the area.
- Medical records
- Witness statements
- Texts or call logs
Having the right supporting evidence matters, at every time and stage.
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Know the Possible Outcomes
Here are few outcomes depending on the case history, the evidence, and your defence strategy:
- Your prosecutor can remove the charges.
- The court can use Section 10 dismissal, which eliminates your charges when the court fails to get your past criminal records)
- Charge dismissal for a person with good behaviour throughout the case.
- Reduced charges when the suspect is pleading guilty early before the court’s proceedings.
Final Words
We hope you found this blog useful. As you see, taking the right steps immediately certainly reduces the impact of legal assault charges.
Remember, the key is to not let any false blame control your future. Instead, taking control of your life by:
- Saying nothing until you get criminal law expert’s advice
- Finding a trusted local solicitor who listens and responds fast.
- Taking care of your mental health with meditation, therapies, or a getaway helps.
Oxford Lawyers, one of the most credible criminal lawyers in Blacktown, is helping thousands of first-time offenders and innocents accused of criminal charges. In particular to the situation when you are caught in the wrong place, at the wrong time. With experience, empathy, and legal precision, they can help you withdraw or reduce the charges.
