Types Of Assault Charges - All Australian jurisdictions have a range of assault offenses ranging from simple assault to more serious criminal acts such as grievous bodily harm. This page explains what to do if you have been charged with assault.
A person charged with assault may be remanded in custody or released on bail. Bail can be granted by the police or the court. Courts decide whether or not to grant bail based on whether the person would pose a risk to society if released and whether that risk could be reduced by imposing bail conditions.
Types Of Assault Charges
If you have been charged with assault and want to plead guilty, you must first carefully review the charges and allegations. It is important to ensure that you are indeed guilty of the offense with which you are charged and that you receive a summary of the facts from the police. You should also consider whether there are any legal defenses available to you.
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If you plead guilty to assault, it may be in your best interest to adjourn the case to gather supporting material such as character references. If you plead guilty to an assault involving drugs or alcohol, you may want to consider going through a rehabilitation program before finalizing the charge. The court may then be asked to take this into account when determining the sentence.
If you have been charged with assault and want to plead not guilty, you should make sure you have a lawyer to represent you. Your case will need to be adjourned for a brief statement from the prosecution. It must then go through further procedural steps, which differ from state to state, before proceeding to contested hearings.
In contested hearings, the court will hear evidence from the prosecution. The defense will then have the opportunity to also call witnesses. Both parties will present arguments and the court will then decide whether the defendant has been found guilty.
A person charged with assault may be able to raise legal defenses or defenses of fact.
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Legal defenses to assault include self-defense, duress, and mental retardation. Self-defense applies when the act is committed to defend oneself or another person. The duress defense arises when a person is essentially "forced" to do an act by another person. The defense of mental retardation applies when the accused is unable to understand or control his actions.
The nature of the offence, the circumstances in which it occurred and the type of injury sustained will determine the charges laid. In some cases, the identity of the victim will also determine the appropriate charge.
Common assault is the most common assault charge in Australia and can arise from a simple fight or argument. You can be charged with common assault if, during an argument, you threaten another person or if they sustain a minor injury by pushing, shoving, hitting or making any other contact. Spitting at another person or throwing an object at someone is also classified as common assault.
Penalties for common assault will vary depending on factors such as the state or territory in which it occurs, its severity, the level of danger and the criminal history of the offender.
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Assault causing bodily harm charges arise when the person being assaulted sustains an injury, such as bruising or swelling. Typically, an injury is serious enough to require medical attention or time off work.
If the offense involves the use of a weapon or the threat of a weapon, the charge can be changed to aggravated assault causing bodily harm.
If the attack causes the skin to break or penetrate which usually results in bleeding, you can be charged with unlawful wounding. If the outer skin is broken, but the injury does not penetrate the outer layer, it cannot be called an illegal injury. Usually, medical evidence will be provided on the injuries sustained to substantiate the charges.
Grievous bodily harm is a very serious form of assault that occurs when the person attacked loses another part of an organ or suffers a serious disability or injury which, if left untreated, would put life-threatening or cause permanent injury. This can include broken teeth or bones or life-threatening injuries such as head injuries or severe internal bleeding.
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Aggravated assault charges arise when a public servant or police officer is assaulted in the line of duty. Public officials include transit officers, health service workers, rehabilitation officers, or child protection officers.
Charges can be brought in circumstances such as a person bites or spits at the officer, or claims to be armed with a dangerous weapon. Charges can also result from assaulting someone who is dependent on a handler, a hearing or assistance dog, in a wheelchair, or over the age of 60.
A sexual assault occurs when a person is touched inappropriately, forces a person to commit an indecent act, or forces a person to witness an indecent gross act. Gross indecency is an act that does not involve penetration, such as watching someone masturbate or forcing someone to touch their private parts.
Rape is the most serious form of sexual assault where sexual intercourse takes place without consent. Aggravated sexual assault occurs when a weapon is used or threatened to be used during the offence.
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Penalties for different types of offenses vary depending on the type of offense and the criminal history of the offender. However, all are subject to prison terms of up to 10 years. Jail sentences vary from state and territory to state in Australia.
Other sentencing options are available for some assault offenses such as fines, good behavior bonds, probation, community correction orders, or suspended sentences.
If you have been charged with assault, seek advice from a criminal lawyer as soon as possible. They can discuss your bail prospects, possible penalties, and whether you should dispute the charges or plead guilty. If you plead guilty, they will be able to advise you on steps you can take to reduce your offence.
Yes. Each state and territory has its own criminal laws. Each state defines the offense of assault differently and the maximum penalty is different in each state. The penalties imposed also vary depending on the type of offense and the criminal history of the offender.
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All assault offenses carry a maximum jail term. In some jurisdictions, mandatory sentencing laws may apply. In cases where the mandatory sentence does not apply, the court may impose non-custodial sentences such as fines, good behavior bonds, or community correction orders.
The laws governing the offense of assault differ in each state. In Queensland, the definition and penalties for assault are found in Sections 30 and 32 of the Criminal Code 1899.
In Victoria, Section 31 of the Crimes Act 1958 outlines the types of assault offenses a person can be charged with.
No, you can represent yourself. However, it is highly recommended to hire a lawyer as assault is considered a very serious charge.
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A lawyer will usually charge hourly fees or fees for the entire case. Each attorney generally works differently, so it's an individual choice.
No, you do not need a lawyer to pursue an assault charge. You can do this by contacting your local police station.
If you wish to appeal the assault charge, it is recommended that you speak with a lawyer today to discuss your options in the future. Assault is one of the most common charges in the New York criminal justice system. But many do not understand why he is accused sometimes of misdemeanor, sometimes of crime. In addition, there are other aggravating factors which modify the offense alleged by the defendant. Here, we explain the basic differences in the types of assault charges in New York.
Common assault is an A misdemeanor, punishable by up to one year in prison. The punishment for this crime can also be parole or three years probation. This is alleged when the defendant:
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"Physical Injury" means an impairment of physical condition or significant pain. "Lethal weapon" includes most weapons and "dangerous instrument" includes most objects capable of causing death or other serious physical injury.
Often, assault is considered a crime. If charged with a crime, that means the accused faces state prison. Specifically, second degree assault is a D crime, while first degree assault is a B crime.
Often charges are laid because the victim's injuries are considered serious. "Serious Physical Injury" means a physical injury that creates a substantial risk of death or results in long-term impairment of health, disability or loss of organic function.
In addition, criminal charges also include cases involving the use of firearms or drugs used to incapacitate the victim. Additionally, a felony can be charged if the injury occurs during the commission of another felony or in cases where the felony occurs on school property.
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There are several other types
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