Before learning how to drop charges against someone for assault, you should educate yourself on assault matters in general. Police may frequently attempt to have charges dismissed before the scheduled court date if they believe there is insufficient evidence against the individual they have detained. This may also occur if the purported victim requests the withdrawal of the charges. Even though you may have been told that it is not possible, Josh Smith Legal's experienced assault lawyers can evaluate your case right away and develop a plan to have the charges dropped as soon as possible. This may occur before the initial court date, the final hearing, or the trial.
Defences Against Accusations Of Assault
A person facing assault charges might be able to rely on either a factual defence or a legal defence. Self-defence, duress, and mental impairment are examples of legal defences against assault. The act of defending oneself or another person falls under the category of self-defence. When someone is practically "forced" to do something by someone else, they can use the duress defence. When the accused is unable to comprehend or control their actions, they may invoke the defence of mental impairment. False identity and alibis are examples of factual defences.
What Are The Different Types Of Assault Charges In Australia?
In Australia, there are five primary categories of assault charges:
- Common assault
- Assault resulting in bodily harm
- Unlawful wounding
- Violent bodily harm
- Sexual assault
The charge brought depends on the type of offence committed, the circumstances surrounding it, and the kind of harm that was done. In certain cases, the victim's identity will also dictate the appropriate charge.
The Consequences Of Assault Offences
The nature of the offence and the criminal history of the perpetrator determine the consequences for the various types of infractions. All, however, have the potential for a jail sentence—some for longer than ten years. In Australia, the various states and territories have differing sentences.
For some assault charges, there are further sentencing alternatives that include fines, good behaviour bonds, probation, community correction orders, or a suspended sentence.
Is It Possible to Drop Charges Before Court In Australia?
If you are seeking information on how to drop charges against someone for domestic violence, it's important to note that the process may involve similar steps to those for assault charges, including evaluating evidence and working with legal counsel. If legal counsel is provided to the police, charges may be withdrawn before the scheduled court date. This is not an easy or fast procedure. It is common for law enforcement officials to need several weeks to evaluate the statements made, examine the case, and then get permission from higher-ups to drop the criminal charges.
For this reason, to maximise your chances of success, you must consult with a qualified, experienced criminal defence attorney as soon as possible in your case.
How to Drop Charges Against Someone For Assault?
Before the court date, you can:
- Obtain the prosecution's brief of evidence;
- Have your attorney review the brief of evidence and determine any defences to the accusations;
- Assemble whatever evidence exonerates you or establishes your innocence;
- Create thorough legal representations by consulting relevant legislation, case law, and internal prosecution policies.
Negotiation Of Substitute Charges
This frequently occurs when you are accused of committing a crime in which the victim is said to have suffered harm. Assault resulting in actual bodily harm is the most frequently prosecuted charge for this. The maximum sentence for this offence is five years in prison. Common assault is a less serious offence that has a maximum sentence of two years in jail.
If there is any uncertainty regarding the extent of the injury or if you may have a defence, your attorney has the right to request the withdrawal of the AOABH charge and its replacement with a common assault charge. This will also result in the removal of any mention of the purported victim's injuries from the facts sheet.
The advantage of this negotiation is that it can often keep you from going to jail for more serious crimes or being convicted of a crime. Most of the time, Section 10 of the Crimes (Sentencing Procedure) Act 1999 can help people who have pleaded guilty avoid a sentence. This can happen through a dismissal or a bond for good behaviour.
Conclusion
Dropping assault charges against someone is a complicated legal process that requires careful consideration. While it is possible to get the charges dropped before the court date, this usually necessitates good legal representation and cooperation with the police. Understanding the different types of defences available, such as self-defence or mental impairment, is essential. Additionally, obtaining and reviewing the prosecution's evidence, gathering exculpatory evidence, and negotiating with the prosecution are crucial steps. In some cases, it may also be possible to negotiate different charges to mitigate potential consequences. Expert criminal defence lawyers are typically needed to navigate this process successfully and protect the individual's best interests.
