What Is Considered Aggravated Assault in Sydney and How to Counter False Charges

Assault charges can be made when someone makes physical contact with another person without their consent. While this might seem like a simple action, the repercussions of such an altercation can be severe and long-lasting.

A wrong move in the court can mean you end up spending time behind bars or, worse, encountering problems when it comes to finding employment. Find an expert criminal lawyer in Sydney with a simple google search “criminal lawyers Sydney” or enquire around the city to get professional assistance to face such criminal charges.

How to Counter False Charges in Sydney

What Comes Under Aggravated Assault?

The NSW Crimes Act defines an ‘assault’ as the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the person applying the force intends to either:

  • Cause bodily injury to the other person (victim), or
  • Make the other person reasonably believe that they will be injured; or
  • Humiliate, harass or offend the other person.

It is important to note that an assault can include both direct and indirect applications of force.

An assault can also occur when force is used against inanimate objects closely associated with someone’s body. For example, an individual may be charged for assaulting a person’s car as the car is closely associated with the person.

What to Do When Charged with Aggravated Assault?

In most cases, police have been given a lot of power to deal with assault allegations. There has been an increase in situations where video footage of the incident exists as evidence.

Here’s what you can do:

Talk to Your Lawyer Only

Police and other officials can now track the location of your phone even when it is turned off. This means they can determine where you were at a given time by checking your phone’s geographical GPS. The police don’t need a warrant before obtaining this information.

If you are charged with assault, your criminal lawyer in Sydney will need to obtain all video footage of the incident and make detailed inquiries about the other person involved in the incident by interviewing witnesses and getting medical reports.

Deny consent to an interview & police requests unless circumstances dictate. One should never agree to an interview unless your lawyer is present, or agreeing to the police interview would not endanger you or your family.

If it comes down to a choice between turning up for an interview and risking arrest or staying out of reach, then go into hiding as the consequences of attending the interview outweigh those that may result from ignoring their requests.

Do not attend the police station unless accompanied by a lawyer

If you are attending an interview without your lawyer, bring a mobile phone with you and a power bank, just if your cell phone is drained out of charge.

However, ensure your battery is fully charged before attending the interview to overcome any loopholes.

Get Your Phone Records

Before you give consent to a police search, get copies of your phone records. These will show all calls made and received on your mobile phone – including identification numbers, times, and duration of calls. You can obtain this information from a telco provider for a small fee. This will ensure that your lawyer has sufficient information to prove you innocent.

Final Thoughts

Aggravated assault is usually treated as a more severe crime than common assault because it inflicts grievous bodily harm or wounding with intent to maim, disfigure or disable, or use an offensive weapon to commit an indictable offense. Panicking in such a situation is normal, but don’t make a wrong decision out of nervousness. A quick search in your browser for “expert criminal lawyers Sydney” will help you find an efficient lawyer who will bring you out of the mess.

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