If you’re facing a criminal charge brought by the police, it’s understandable that you’ll be feeling anxious and uncertain about your future.
It’s at a time like this that you’ll need the advice of a specialist criminal lawyer. Whatever has been alleged, you have certain rights which need to be protected when you face the NSW criminal justice system.
Meet Our Experienced Campbelltown Criminal Lawyers
At Coutts Criminal Lawyers Campbelltown, we have the expertise and experience to advocate for your interests in a range of areas, from assault charges to traffic offences.
Good legal representation can make a huge difference to how your case plays out, so after reading through our areas of practice, make an appointment to discover how we can help you.
Areas of practice
AVO Lawyers Campbelltown
These orders are common where there is potential for, or actual, domestic violence between estranged couples, though they can be applied for against anyone who someone considers they need protection from.
An AVO can be applied for by the police on behalf of the person needing protection, or the person seeking protection provided they are over 16 years of age.
Where you are a named person in an application for an AVO, your options include:
- Giving an undertaking to the court that the person applying for protection has no further reason to fear you.
- Consenting to the conditions of the AVO, without making any admissions in relation to the allegations against you.
- Consenting to AVO’s conditions and admitting to the allegations against you.
- Defending yourself in court against the AVO application so that magistrate must decide to grant or dismiss the application.
While being the subject of an AVO does not result in a criminal record, breach of an AVO’s conditions is a criminal offence punishable by a fine of $5,500.00 and/or two years imprisonment.
Assault Charges Campbelltown
Charges of assault can encompass a number of different types, including common assault, assaulting police, assault occasioning actual bodily harm, and intentionally or recklessly causing grievous bodily harm. You don’t need to touch physically touch someone in order to be charged with assault.
There are a number of important elements needed to prove the offence of assault. There are also a number of defences to the charge, including self-defence, necessity and duress. An experienced criminal lawyer can help apply their legal expertise in assault matters to your case.
Break and Enter/Theft Lawyers Campbelltown
There are a number of legal subtleties to proving the offence of break and enter beyond a reasonable doubt.
In most cases, the prosecution must demonstrate the entry was forcible and that a person committed, or intended to commit an offence. There are also a number of thresholds in order to prove theft, including that the alleged offender intended to permanently deprive the owner of the possession.
Defences to these charges can also be raised by your criminal law specialist.
Domestic Violence Lawyers Campbelltown
The high profile of recent domestic violence incidents in Australia means courts take a serious view of this offence, which will usually be prosecuted as assault or intimidation.
Particularly in the context of a relationship, the court will place highest priority on the safety of the victim on considering an alternative to custody for the offender.
Breaching an AVO with an act of violence, incidentally, means the court must impose a custodial sentence.
If you’re charged with a DV offence, it’s crucial you speak with Campbelltown Criminal Lawyers before an interview with NSW Police.
Drug Offences Lawyers Campbelltown
These offences under the Drug Misuse and Trafficking Act 1985 (NSW) can be complex. The seriousness of the offence can depend on a number of factors, including the type and amount of the substance, and whether the prosecution is attempting to charge you with possession, supply or dealing with the proceeds of crime.
The prosecution must also prove beyond a reasonable doubt that you had a prohibited drug in your possession; knew it was in your possession, or you knew that it was likely to be in your possession, and you believed that the item you had in your possession was a drug.
There are a number of defences to these allegations but you should speak with our criminal law specialists as soon as possible if charged.
Fraud Lawyers Campbelltown
A person who dishonestly or by deception obtains property belonging to another, a financial advantage, or causes financial disadvantage to another person, could be charged with fraud.
The deception may consist of words or conduct but must have an element of recklessness or intention. This offence carries a maximum penalty of two years imprisonment when prosecuted in the local court, or a maximum penalty of 10 years imprisonment in the district court.
Possession of a Prohibited Weapon Campbelltown
It’s an offence to possess or use a prohibited weapon unless authorised to do so under a permit. Additionally, it’s an offence to possess or use the weapon for a purpose not authorised under a permit. These offences can result in a prison sentence of up to 14 years.
The Weapons Prohibition Act 1998 also details offences relating to the sale and purchase of prohibited weapons.
Robbery Lawyers Campbelltown
The offence of robbery is made up of elements of both larceny and assault. The Prosecution must prove that:
- the property belonged to someone other than the accused;
- the property was taken and carried away;
- the taking of the property was without the consent of its rightful owner; and
- the property must be taken from the person of another; in the presence of another; and from the immediate personal care and protection of another.
Further elements must also be proven, including the intention to permanently deprive the owner of the possession and that the property was taken by actual violence or which put the owner in fear of actual violence.
Sexual Offences Lawyers Campbelltownn
This area of the law requires expert legal advice. The issue of consent when it comes to sexual offences is particularly difficult. A sentence of up to 14 years imprisonment is possible for ‘any person who has sexual intercourse with another person without the consent of the other person, and who knows that the other person does not consent to the sexual intercourse.’
Consent is defined as occurring ‘if the person freely and voluntarily agrees to the sexual activity’. (Section 61HE(2) of the Crimes Act 1900). A person knows that the victim did not consent to the sexual activity if: the person knows that the alleged victim does not consent to the sexual activity; or the person is reckless as to whether the alleged victim consents to the sexual activity, or the person has no reasonable grounds for believing that the alleged victim consents to the sexual activity.
Traffic Offences Lawyers Campbelltown
For many people, a conviction for a traffic offence such as dangerous or drink driving can have a significant detrimental effect on your ability to earn an income.
For this reason, specialist legal advice is highly advised if you’re facing charges for this type of offence. The range of penalties a court may impose in NSW is wide, including fines, imprisonment, suspension of licence, community corrections orders and more.
Contact Our Experienced Campbelltown Criminal Lawyers
If you’re facing a charge on any of the offences outlined in our practice areas above, call Campbelltown Criminal Lawyers immediately for understanding, relevant and expert advice. We will put you in the picture as to your rights and the best way to defend your case.