SA Aggravated Assault - Penalties?

[Lucy. N]

Someone I know has been charged with Aggravated Assault, this person is male and it is against his spouse.

The assault did not cause harm and the Spouse on quite a few occasions has done it to this male, yet the male has done nothing about it and just let it happen. On this one occasion he had done it to her, and found himself arrested.

The spouse has hinted she will drop the charge but has yet to do so. I am assuming even if it is dropped he can still be going to court is police prosecutors decide he needs to.

Lawyer will be consulted asap but any advice? and what possibly could be the penalty for this?

 

[Amanda E]

Hi @Lucy. N
The maximum penalty for assault where there are no significant injuries/no harm caused is set out under section 20(3) of the Criminal Law Consolidation Act 1935 (SA):

• 3 years' imprisonment for an aggravated offence (except one to which the next paragraph applies)
• 4 years' imprisonment for an offence aggravated by the use of, or a threat to use, an offensive weapon.

The Act sets out the maximum, but remember that he may well receive less depending on the circumstances and the strength of the police prosecution's case. A good criminal lawyer will be able to provide personalised legal advice and give him the best chance of a reduced penalty.

Also see this previous LawAnswers post in the Criminal Law Forum: Aggravated Assault - Plead Guilty? | LawAnswers.com.au Legal Aid Forums