What Is An Assault Charge - All jurisdictions in Australia have different assault offences, from common assault to more serious indictable offenses such as grievous bodily harm. This page discusses what to do if you have been charged with the crime of assault.
A person charged with assault may be held in custody or released on bail. The police or court may grant bail. Courts decide whether to grant bail based on whether a person poses a risk to the community if released and whether that risk can be mitigated by imposing bail conditions.
What Is An Assault Charge
If you have been charged with assault and want to plead guilty, first research the charges and allegations carefully. It is important to make sure that you are guilty of the offense you are charged with and that you accept the police summary of the facts. 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 where drugs or alcohol were a factor, you may want to consider completing a rehab program before proceeding with the charges. The court may be asked to take this into account when sentencing.
If you have been charged with assault and want to plead not guilty, you should make sure you have an attorney to represent you. Your case must be adjourned so that you can receive evidence from the prosecution. It must go through other procedural stages, which vary from state to state, before proceeding to a contested hearing.
At the contested hearing, the court will hear the prosecution's evidence. The defense will have the opportunity to call witnesses. Both sides will submit submissions, and the court will then make a decision on whether the accused is found guilty.
A person accused of assault may rely on statutory or factual defenses.
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Legal defenses against assault include self-defense, duress, and mental injury. The defense of self-defense is applied when the action is taken in defense of oneself or another person. The defense of duress applies when a person is essentially 'forced' to do an act by another person. The defense of mental retardation applies when the defendant cannot understand or control his actions.
The nature of the crime, the circumstances under which it occurred and the type of injury sustained determine the case to be filed. In some circumstances, the identity of the victim will also determine the appropriate charge.
Common assault is the most common assault charge in Australia, and can be the result of a simple fight or argument. You can be charged with common assault if you threaten another person during an argument, or if they suffer minor injuries from pushing, shoving, hitting or other contact. Spitting on another person or throwing something at someone is also classified as common assault.
The sentence for common assault varies depending on factors such as the country or territory where it occurred, its severity, the extent of any damage and the previous criminal history of the offender.
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An assault charge arises when the person being assaulted suffers an injury, such as a bruise or swelling. Often, the injury will be one so severe that it requires medical treatment or time off work.
If the offense involves the use of a weapon or the threat of a weapon, then the charge can be upgraded to aggravated assault causing bodily harm.
If the attack causes a break or puncture of the skin that 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, then it cannot be classified as an unlawful injury. Usually, medical evidence of the injury sustained will be provided to justify the charge.
Grievous bodily harm is a severe form of assault that occurs when the assaulted person loses a part of an organ, or suffers a severe deformity or injury that, otherwise treatable, harm human life or cause permanent damage. These can include broken teeth or bones to more life-threatening injuries such as head injuries or severe internal bleeding.
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A serious charge of assault arises when a public official or police office is assaulted in the line of duty. A public officer includes a transit officer, health services officer, corrections officer, or child welfare officer.
The charge can arise in circumstances including when a person bites or plays with a police officer, or pretends to be armed with a dangerous weapon. A charge can also arise from an attack on a person who relies on a guide dog, an assistance dog, who rides a wheelchair or who is over 60 years old.
Sexual assault occurs when someone touches you inappropriately, forces someone to perform an act of gross indecency, or forces someone to witness an act of gross indecency. which is obscene. Gross indecency is an act that does not lead to penetration, such as watching someone masturbate or forcing someone to touch their genitals.
Rape is the worst form of sexual assault where intercourse takes place without consent. Aggravated sexual assault occurs when a weapon is used or threatened to be used during the crime.
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The penalties for different types of crimes vary depending on the type of crime and the criminal history of the offender. However, all of them have a possible prison sentence, some of them more than 10 years. The length of imprisonment varies between different states and territories in Australia.
Other sentencing options are available for some assault offences, such as fines, good behavior bonds, probation, community corrections orders or probation.
If you have been charged with assault, seek the advice of a criminal defense attorney as soon as possible. They will be able to discuss your prospects for bail, the likely sentence and whether you should contest the charge or plead guilty. If you plead guilty, they can advise you on steps you can take to reduce your guilt.
Yes. Each state and territory has its own criminal laws. Each state defines assault offenses differently and the maximum penalty differs from state to state. The sentences imposed also vary depending on the type of offense and the criminal history of the offender.
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All criminal assault offenses carry a maximum prison sentence. In some jurisdictions, mandatory sentencing laws may apply. If a mandatory sentence is not available, the court may make a non-custodial order, such as a fine, a good behavior order or a community corrections order.
The legislation governing the offense of assault varies from state to state. In Queensland, the definitions and penalties for assault charges are found in Chapters 30 and 32 of the Criminal Code 1899.
In Victoria, section 31 of the Crimes Act 1958 describes the types of assault offenses that a person can be charged with.
No, you can represent yourself. However, it's a good idea to get a lawyer because assault is considered a serious charge.
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A lawyer usually charges by the hour or a fee for the entire case. Every lawyer generally works differently, so it's an individual preference.
No, you do not need a lawyer to file an assault case. You can do this by contacting your local police station.
If you wish to appeal your assault charges, it is recommended that you speak with an attorney today to discuss your options moving forward. Have you been accused of assaulting a public servant in Tarrant County, Fort Worth, or anywhere in North Texas? If the answer is yes, you need to hire an experienced and aggressive criminal defense attorney. Facing assault charges in Texas criminal court is scary enough, but when the charges involve a public servant, the stakes are even higher.
Assaulting a public servant in Texas is a third degree felony, even if there is no physical contact! There are many situations where a police officer, security guard, or firefighter can accidentally injure themselves. In addition, in some allegations of assault by a civil servant, there was no injury or actual physical contact. In some cases, police officers may create a simple boundary or defensive block to protect yourself, and you may be falsely accused of assaulting a public servant.
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That's why you need a strong criminal legal defense team on your side. An experienced and aggressive criminal defense attorney for assault on a public servant is your best hope of getting the charges reduced or dismissed entirely.
The Texas Penal Code clarifies certain circumstances, holding that the defendant must have known that the alleged victim was a government employee if he was wearing a uniform or easily identifiable badge.
The Texas Penal Code further lists some people who may be considered public servants: EMS, paramedics, police and law enforcement, security guards, firefighters, and EMS personnel.
However, there is a broad generalization at the end of the section on how Texas defines emergency services.
What To Expect After Getting A Texas Assault Charge
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