TAS Assault Charge - First Criminal Law Offence

[Tyson clark]

Hi. I've recently been charged with two counts of common assault. I was on hard drugs that night and its my first criminal law offence.

What should I do?

 

[Sophea]

Minor common assaults are dealt with summarily and carry a max penalty of $2,800 fine or 12 months imprisonment. Serious instances of common assault carry a maximum penalty of 21 years imprisonment. Intoxication with liquor or drugs is generally no defence to a crime unless you were so intoxicated you were incapable of reason.

I would get some legal advice. If you can't afford a lawyer I would contact legal aid or a free community legal centre.

 

[Tyson clark]

I was on ice and weed I was too drugged too know what I was doing and I do drug coucelling now and havent touched drugs for ages and its my first offence am I looking at prison.

I have a lawyer she reckons a fine.

And she attacked me with a knife.

 

[Sophea]

I assume that you are talking about the person you assaulted attacked you with a knife, not your lawyer?

If your lawyer has told you that you can expect a fine, I would trust that advice, she has a thorough knowledge of the circumstances surrounding the incident. Self defence may be open to you by the sounds of it and you may have an argument relating to the drugs as well.

Meanwhile, keep up the good work on your drug rehab program!

 

[Tyson clark]

Do u think I could go too jail ???

 

[james martin]

Many States and counties have programs that have been developed to provide first time offenders and option other than final conviction. The idea is that the defendant takes on some type of punishment such as probation in exchange for an agreement from the State to dismiss the charge if they are successful at staying out of trouble.

 

[Tyson clark]

Thanks mate