NSW Common Assault Charge

Discussion in 'Criminal Law Forum' started by OffGreenFX, 6 April 2019.

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  1. OffGreenFX

    OffGreenFX Member

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    After some help here,

    I have never had a charge against me in my life, however was recently having a big verbal argument with my wife in which she shoved me, I then shoved her back but accidentally got her with the palm of my hand on one of her eyes in the moment of it happening. I immediately felt terrible as we've been together over a decade and I've never laid a finger on her or anyone, it's not in my nature at all and I am ashamed. I should have just walked away. Either way, she called the police to try and make me know how serious what I did was, however told them she didn't want to press charges and they said they didn't care and had to charge me with common assault and take out an AVO on me.

    I am deeply ashamed of doing this, and while I was shoved first, I should have realised I am stronger and just walked away in the heat of the moment. We are living together and my wife is very apologetic to me for me being charged, however I have told her she did the right thing and made sure she doesn't feel trapped with me, and let her know I will leave if she wants me too and make sure she is financially ok etc.

    She however is saying she just wont attend court to testify. What happens if she does this? What chances do I have of not going to jail considering it is out of character for me? How long can a conviction last and affect my job prospects?
     
  2. Tim W

    Tim W Lawyer
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  3. OffGreenFX

    OffGreenFX Member

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    If someone is charged with a lower grade offence like common assault based on what the police witnessed, will the police check with hospitals, doctor etc to see if bruising came later on and then upgrade charges to bodily harm? Wife was taken to hospital as she asked to go there just to check her over. The police noted on the charge I was given that there were no injuries, however obviously bruising can come later. Wife hasn't gone back to police, but just wondering if police will check these things?
     
  4. OffGreenFX

    OffGreenFX Member

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    I paid for a lawyer to represent me and he spent half an hour in the initial conversation telling me my options (and I agreed how I wanted to proceed) but ever since then the solicitors haven't contacted me at all other than letters to confirm I made payment and that they are acting on my behalf.

    I actually went back to the solicitor a few days ago and his receptionist was very nice, however when he got off the phone and she asked if he could see me (unscheduled appointment) I heard him say "yeah that's fine, but don't expect me to remember him". The receptionist said they have over 200 current clients and as soon as he saw me he would know who I was. When I walked in he said "I remember you" and quickly just discussed again where to meet him for the initial plea hearing.

    Is it normal for the initial hearing (If pleading not guilty) for the solicitor to not have gone over virtually anything else with me yet? Do they usually discuss a strategy when a further court date is set? This solicitor has very strong credentials in criminal law and great reviews, however I am worried he sees me as a small case and not worried like I am.
     
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