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Assault And Drink Driving Offences In Sydney
by Kristen White BloggerCommon Assault Domestic Violence
There is common assault—where there is either no resulting injury or a minor injury. In addition, there is also aggravated assault—where the result is a more serious resulting injury. In short, the more serious the resulting injury, the more serious the charge.
If convicted of common assault, you are likely to receive a penalty no greater than an unsupervised bond. This is the most common charge with the most common result (in 2010, barely 7% of common assaulters ended up in prison.
Common Assault Domestic Violence occurs when an act of common assault is made against one of the following:
- A person you are or have been married to,
- A person you are in a de-facto relationship with,
- A person you have or have had an intimate personal relationship (may or may not be sexual),
- A person you are living with or have lived with in the past,
- A person you have or had a paid or unpaid dependant relationship with,
- A person you are or have been a relative with, and, if you are Aboriginal or Torres Strait Islander, if you are or have been part of the extended family or kin of the other person.
Sydney’s government extended the definition of “common assault” to include (a) your ex-partner and current partner and (b) two people who have had an intimate relationship with the same person, as being in a relationship with you sufficient to charge you with Common Assault Domestic Violence.
Experienced lawyers can argue many possible defences on your behalf including, but not limited to, self-defence, provocation and motive. These defences can either reduce your punishment or prevent it altogether. Since the lawyers will know more than you, even if you believe you are responsible for the offence, speak to an attorney.
Drink Driving
While you should obviously never drink and drive, there are defences available to you that Sydney Drink Driving Lawyers will be able to assert on your behalf.
Since a conviction of drink driving may lead to (a) demerit points, (b) suspension or cancellation of your licence, (c) fines and penalties and, of course, (e) prison, it is very important to retain a lawyer to protect you.
Sydney considers three blood alcohol concentration (BAC) limits: (a) 0 (not under the influence), (b) under 0.02 (impaired) and under 0.05 (more severely impaired). These depend on (a) the category of your licence and (b) the type of vehicle you drive.
Sydney Drink Driving Lawyers can assert the following defences, if applicable:
- the police cannot prove you were the driver;
- you did not drive or put the vehicle in motion;
- the analysis of your breath was not taken within the required 2-hour time limit;
- your breath test was not administered properly; and
- your BAC was different at the time the test was administered from when you were driving.
Other Defences
In NSW, you are also able to limit or dismiss the charges against you if (a) the “statement of facts” submitted by the police is inaccurate or (b) there is a legitimate reason for your drink driving.
Based on the above, it is important to hire a lawyer to defend you when charged with Common Assault Domestic Violence. Likewise, Sydney Drink Driving Lawyers are available to assert numerous defences to keep you out of jail, keep your licence, or dismiss the charges altogether.
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About Kristen White 
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285 connections, 0 recommendations, 1,021 honor points.Joined APSense since, August 19th, 2016, From Chicago, United States.
Created on Jul 18th 2019 03:38. Viewed 310 times.
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