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NSW Common Assault Arrest By Police - Chance of Jail Sentence?

Discussion in 'Criminal Law Forum' started by soniasingh, 13 April 2015.

  1. soniasingh

    soniasingh Member

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    Hi, I have been charged with common assault . Was arrested and given bail. Two questions:

    1) I was granted bail within two hours of the arrest. In the bail reasons for decision it's says: No likelihood there would be any custodial sentence imposed. Does this mean the possibility of me getting jail sentence is low should I be convicted?

    2) The case is to be heard in bankstown local court. I'm wondering is it better to hire a lawyer that is based in bankstown or perhas someone in city?

    My case is I had an argument with my husband. I hit him which created scratches on his nose and he called the police. He thought the cops would warn me but they arrested me despite my husband don't wanting to press charges. He refused to give statement. I've got no criminal record been involved in community work. I'm taking counselling to deal with my anger issues.
     
  2. Do I need a Lawyer

    Do I need a Lawyer Well-Known Member

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    Hi Sonia,

    1. It is highly unlikely that a custodial sentence would be imposed given what you have indicated.

    2. You don't need to use a bankstown lawyer but you do need to ensure that you use a criminal lawyer and not a lawyer who does not know about the criminal law.

    Regards,
     
  3. Anubis

    Anubis Well-Known Member

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    Always best to get legal advice specific to your circumstances.
    Cannot give more than general info without a good look at the police facts and your criminal history.
    Police are obliged to act and no your husband cannot choose whether charges are preferred.

    On the information you give I would be hopeful of a s10 or s9 bond
     
  4. Tim W

    Tim W Lawyer

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    If a first offence.... and if no other criminal history...
    and if not otherwise known to police... and if a bank of good character upon which to rely...
    and if the injury relatively minor... and if now in self-sought treatment (what kind?)...

    That's a lot of "if" that has to line up... so I won't speculate on a penalty.

    And I agree with the above - you don't need a local Bankstown lawyer,
    but there are some very good ones down there... and yes,
    it is important to choose one who has a bit of experience in criminal law.
     

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