Wollongong Criminal Lawyers
Being charged with a crime has the potential to change the course of a person’s life.
It’s because the consequences of criminal charges can be so serious that the guidance of an expert criminal lawyer is essential.
Speak with Our Wollongong Criminal Law Experts
Whether it’s at the time you’ve been charged, or the need to answer the charges, a good criminal lawyer will protect your rights and examine all avenues of defence.
At Coutts Criminal Lawyers Wollongong, our team of criminal law experts will advocate on your behalf in all criminal matters.
Apprehended Violence Orders Lawyers Wollongong
Anyone can apply for an AVO if they believe there is the potential for, or actual, domestic violence.
Most commonly they are taken out by one partner against another when the relationship has gone awry.
AVOs can be obtained from the court on application by the police on behalf of the person seeking protection, or by the person of their own volition, if they are over 16 years of age.
A number of options face a person named as the subject of an AVO:
- Giving an undertaking to the court that the person seeking the AVO has no further reason to fear you.
- Consenting to the conditions of the AVO (this does not constitute an admission about the allegations against you).
- Consenting to the conditions of the AVO and admitting to the allegations against you.
- Defending yourself in court against the AVO, requiring the court to make a decision on granting or dismissing the application.
There are serious implications for breaching the conditions of an AVO, including fines and possible imprisonment.
Assault Lawyers Wollongong
This charge can encompass common assault, assaulting police, assault occasioning actual bodily harm, and intentionally or recklessly causing grievous bodily harm. Physical contact with someone is not required for a person to be charged with assault, merely the apprehension by someone of unlawful violence against them may be enough to constitute assault.
Self-defence, necessity and duress are some of the defences to a charge of assault. It’s important to consult an experienced criminal lawyer if you face this charge as there are a number of elements that need to be proved in order to sustain the case against you.
Break and Enter/Theft Lawyers Wollongong
To be prosecuted for this offence it must be proved the entry to the premises was forcible and that the person charged actually committed, or intended to commit, the offence. Additionally, it must be shown that a person charged with theft intended to permanently deprive the owner of the possession.
Our specialists at Criminal Lawyers Wollongong can also raise a number of defences to charges of break/enter and/or theft.
Domestic Violence Lawyers Wollongong
Incidences of domestic violence are often prosecuted as assault or intimidation in Australian courts. This is because no specific offence of domestic violence exists but courts do treat it differently, with the highest priority placed on the safety of the victim and sentencing of the offender comprising either a custodial sentence or supervision.
When someone breaches the conditions of an AVO by committing an act of violence, for example, the court must impose a custodial sentence.
Call Wollongong Criminal Lawyers before an interview with NSW Police if you’ve been involved in a domestic violence incident.
Drug Offences Lawyers Wollongong
Drug offences can be complicated to understand because there is a range of possible charges depending on the substance involved, the amount involved, and the type of activity a person is being accused of – including possession, supply or dealing with the proceeds of crime.
Other elements that must be proved in order for a person to be prosecuted is that they had the prohibited drug in their possession and knew, or knew that it was likely to be, in their possession.
Expert legal representation will ensure the appropriate defences are raised in response to charges for drug offences.
Fraud Offences Lawyers Wollongong
The meaning of fraud is when property belonging to another person is obtained dishonestly or by deception, or where such behaviour results in a person’s financial advantage or causes financial disadvantage to another person.
‘Deception’ may be enacted by words or conduct and must carry an element of recklessness or intention. The penalty for this offence differs depending on whether it is heard in the local court, which may impose a maximum penalty of two years imprisonment, or up to 10 years imprisonment if heard in the district court.
Possession of a Prohibited Weapon Wollongong
Using a prohibited weapon in NSW is only authorised under a permit. It’s otherwise an offence to use a prohibited weapon. Additionally, it’s an offence to use a weapon for a purpose not authorised under a permit. A maximum term of imprisonment of up to 14 years is possible for these offences.
Robbery Lawyers Wollongong
There are a number of elements to be proved in regard to this offence, which involves the legal concepts of larceny and assault.
Specifically, it must be shown that the property belonged to someone other than the accused; that the property was taken and carried away; that the taking of the property was without the consent of its rightful owner; and that 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.
It must also be shown there was an intention to permanently deprive the owner of the possession. Additionally, that that the property was taken by actual violence or in a manner that put the owner in fear of actual violence.
Sexual Offences Lawyers Wollongong
Consent is a topic which is currently in the national spotlight and is often central to charges on sexual offences. Any person who has sexual intercourse with another person without the consent of the other person, and knows that the other person does not consent to the sexual intercourse, can be imprisoned for up to 14 years.
The Crimes Act defines consent as being where a person ‘freely and voluntarily agrees to the sexual activity’.
Important elements in providing the offences including showing that a person knew the victim did not consent to the sexual activity, or that the person was reckless as to whether the other person consented to the sexual activity, or that the+ person has no reasonable grounds for believing that the alleged victim consents to the sexual activity.
Traffic Offences Lawyers Wollongong
The day-to-day consequences of being unable to drive are severe for most people, potentially impacting their employment and livelihood.
It’s important, therefore, for people facing traffic offences to avail themselves of expert legal help. By doing so, their options in terms of punishment will likely be expanded as the courts in NSW have a broad range of penalties at their disposal, such as fines, imprisonment, suspension of licence, community corrections orders and more.
Arrange a case appraisal
Criminal Lawyers Wollongong will approach your case with great care and consideration. More importantly, we will give you a clear vision of the options available in answering to any of the offences we’ve briefly outlined above.