hi i am a 50yr old male and my son is just turn 18 we both have no criminal history but was charged with aggravated assault in Adelaide SA due to an altercation with a security guard out side a hotel i suffered a lot of injury's my son only a black eye the police pepper spray me and we were both arrested and charged should we pleed guilty and how likley is it that we would get no conviction record
SA South Australia Police charged me and my son with aggravated assault
- Thread starter Mr simpson
- Start date
Hi Darren,
If the police were involved and you actually committed the aggravated assault I don't like your chances of success pleading not guilty. Aggravated assault implies that you either threatened to use or did use a weapon and / or caused sever pain, that means you could be facing 3-4 years imprisonment. The chances of no conviction, I don't think are very good. Its all speculative with the very brief run down you have provided and without knowing the circumstances that lead to the incident and understanding the extent of resistance against the police. Good luck.
If the police were involved and you actually committed the aggravated assault I don't like your chances of success pleading not guilty. Aggravated assault implies that you either threatened to use or did use a weapon and / or caused sever pain, that means you could be facing 3-4 years imprisonment. The chances of no conviction, I don't think are very good. Its all speculative with the very brief run down you have provided and without knowing the circumstances that lead to the incident and understanding the extent of resistance against the police. Good luck.
thank you Lance but there were no weapons involved or threats to use them it was a simple fist fight with a bouncer that grabbed me on the street and actually followed us down the street to come after me he thought i was some one else wich is what i told the cops but he told them i thought he was some one else
Hi Darren,
You might want to look at pleading not guilty to aggravated assault on the grounds that it sounds like it might not have been aggravated. You really do need a lawyer to look at the full facts to help with this. You could see if you qualify for legal aid.
You might want to look at pleading not guilty to aggravated assault on the grounds that it sounds like it might not have been aggravated. You really do need a lawyer to look at the full facts to help with this. You could see if you qualify for legal aid.
There's more to aggravated assault than what has been outlined above.
Under the Law Consolidation Act 1935 (SA), aggravated assault is one where one or more of the circumstances listed under Section 5AA are present with the offence of assault.
From the brief facts you've provided, you say that police deployed pepper spray - I would hazard a guess in that the police allege an assault occurred to them OR perhaps one of the other circumstances are present and applicable. Any advice on how you should plead to the charge(s) should come from your lawyer after carefully reviewing your case.
The recording of a conviction would depend on a variety of circumstances although I'd be inclined to say a conviction would be recorded for that type of charge.
Under the Law Consolidation Act 1935 (SA), aggravated assault is one where one or more of the circumstances listed under Section 5AA are present with the offence of assault.
From the brief facts you've provided, you say that police deployed pepper spray - I would hazard a guess in that the police allege an assault occurred to them OR perhaps one of the other circumstances are present and applicable. Any advice on how you should plead to the charge(s) should come from your lawyer after carefully reviewing your case.
The recording of a conviction would depend on a variety of circumstances although I'd be inclined to say a conviction would be recorded for that type of charge.
all charges were dropped as found to be inconsistent with all witnesses accounts of events can anyone help me in how to remove this thread and delete my profile i cant seem to be able to work out how
Changing your forum nickname is easier. Means we don't know who the poster is.
And good news, congrats.
And good news, congrats.
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