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Female lawyer Sydney: Have you or someone you know been charged with an assault? The maximum penalty for an assault charge occasioning actual bodily harm under Section 59 of the Crimes Act can fetch up to five years’ imprisonment. If you are wondering if you will get a criminal record if convicted, the answer is a – Yes. Assault occasioning actual bodily harm is a serious offence, as it involves an assault that resulted in another person getting injured, The sentencing Court will record a conviction besides the imposition of other penalties. In rare cases a competent criminal defense attorney might be able to secure a section 10 non conviction order if the presiding judge affords you the leniency, but it depends on certain factors and is applicable only in rare circumstances.
Section 10 for a common assault charge:
When you plead guilty to a criminal offence, the court will impose a penalty and record a conviction. This implies you will have a criminal record. If we can convince the court to not convict you, there will be no criminal record and no penalty. The court has the discretion to give you a Section 10 dismissal the discretion instead of convicting you.
Fines for a common assault charge:
The magistrate or judge should consider your financial situation and your ability to pay any fine they set when deciding the amount of a fine for a common assault charge.
Good behavior bond for a common assault charge:
The court would require that you exercise good behaviour for a specified period of time for this type of order. You will have to abide by the regulations during the term of the good behaviour bond laid down by the court. Five years is the maximum duration of a good behaviour bond.
Community service order (CSO):
This would involve unpaid work in the community at a place specified by probation and you will have to undertake a course at a designated centre on parole, such as anger management. You have to be assessed by an officer of the probation service as suitable to undertake the order.
A jail sentence can be suspended upon you entering into a good behaviour bond. As long as you abide with the terms of the good behaviour bond, jail sentence will not come into effect. Normally, suspended sentence is available for sentences of incarceration of up to two years only.
Gaol for common assault:
This penalty involves full time detention in a correctional facility and is the more serious type of penalty.
At Trimmer Criminal Defence, our attorneys have the right kind of experience and high success rates with any similar cases such as your’s. We know the magistrates and the courthouse staff and will represent you appropriately. Our lawyers will work closely with you on your assault case and do best to get you a Section 10 if that is possible. Our first initial consultation is completely free of charge! For more details Contact us 24/7 at 1300 DEFEND (1300 333 363) or 0416 145 242 Alternatively, you can visit us online at http://www.trimmercriminaldefence.com.au
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