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Aggravated Assault - Plead Guilty?

Discussion in 'Criminal Law Forum' started by ryan schumaker, 6 August 2014.

  1. ryan schumaker

    ryan schumaker Active Member

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    hi i was recently charged with aggravated assault on my mum for a light push for her to get out my way so i could go up to my room and stop her from yelling at me my mum dropped the charges but the prosucution is proceeding i have been up on an assault charge before where i spent 2 weeks in jail and was released on a good behaviour bond but that was 13 years ago when i was 21 have not been to court for anything since then im 34 now just wanting to know what will likely happen to me if i plead guilty to the aggravated assault in a couple weeks
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Ryan,

    Can you let us know which State or Territory you are in? Each State and Territory has their own, slightly different, definitions of what aggravated assault is.

    Roughly, the offence of aggravated assault is an assault upon a male victim of less than a particular age (child) or a female victim of any age. The offence commonly carries a penalty of up to 2 years imprisonment (however the usual sentence is up to 6 months imprisonment). The charge will be heard in the Magistrates' Court. The defence to aggravated assault is Self Defence.

    Pleading guilty or showing remorse will generally mitigate your sentence. If you do not plead guilty and the Magistrate later finds you guilty of the offence, your sentence will be higher. Other factors the court will take into consideration when it comes to sentencing: who the victim was, any physical injuries resulting from the assault, involvement of weapons, prior convictions for assault/aggravated assault and how long ago this was, will you likely be a re-offender, remorse and cooperation with authorities, self defence.

    I would suggest speaking with Legal Aid or a public defender about whether to plead guilty.
     
  3. ryan schumaker

    ryan schumaker Active Member

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    south australia no injures were inflicted
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Ryan,

    Under the Law Consolidation Act 1935 (SA), assault is an offence under Section 20 and is defined by any form of contact, outside of normal social contact, against another person without consent. Aggravated assault is one where one or more of the circumstances listed under Section 5AA are present with the offence of assault. The maximum penalty for aggravated assault (without a weapon or injury inflicted) is 3 years imprisonment: Section 20(3)(b).

    Looking at Section 5AA of the LCA, assault against a female victim per se does not appear to be an aggravating factor. Given that there was no injury inflicted and no weapons were used, I cannot see any reason as to why the assault would be aggravated. Is your mother over 60 years of age? If so, this is grounds for classifying the assault as aggravated under Section 5AA(1)(f).

    Again, I would suggest speaking with your local community legal centre: http://www.saccls.org.au/centres.php
     
  5. ryan schumaker

    ryan schumaker Active Member

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  6. ryan schumaker

    ryan schumaker Active Member

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  7. ryan schumaker

    ryan schumaker Active Member

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    but i did,nt push her over like shoved her real hard just a light push so she would get out of my way and stop yelling and screaming at me so i could go up to my bedroom and discontinue the argument
     
  8. ryan schumaker

    ryan schumaker Active Member

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    also when i was bailed out of jail my bail agreement was that i had to stay with my sister the police or prosecution tried to have have the matter of aggravated assault lifted because they saw it as a minor offence but the judge would,nt allow it but the judge did rearrange the bail agreement so that i could live with my mother again this was in my first court appearance
     

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