Alleged Assault Incident
The client is facing charges of multiple counts of common assault stemming from an incident at their residence. During a disagreement with family members, a physical altercation occurred in which one family member allegedly threw an object towards the client. In an attempt to defend themselves, the client claims that they unintentionally caused injury to that family member. This incident resulted in law enforcement taking action against the client.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my possible defences against the common assault charges?
In your situation, you may consider the defence of "self-defence" if you genuinely believed you were in imminent danger and that your actions were necessary to protect yourself. Another potential defence is "accident," arguing that the harm was unintentional. It is advisable to consult a criminal solicitor to explore these defences and understand how they pertain to your case.
What evidence will be important for my defence in this case?
Crucial evidence may include witness statements from those present during the incident, as well as any available footage that supports your account. Medical reports regarding any injuries sustained may also be significant. Additionally, any post-incident communications could provide context. Gathering character references could also be beneficial to support your case.
What are the potential consequences if I am found guilty of common assault?
If found guilty of common assault, potential penalties include fines and/or imprisonment. Depending on the severity of the case, punishments may vary, including a maximum penalty of imprisonment for a short duration. The court will consider all relevant factors during sentencing, and it is important to be aware that a conviction could affect employment and travel opportunities.
How can I best prepare for my court hearing?
To prepare for your court hearing, familiarize yourself with the court process and gather documentation supporting your account. Organise a timeline of events and practice clearly articulating your version of events. Ensure to arrive at court early and dress appropriately for the occasion.
Is it possible to have the charges reduced or dismissed in my situation?
It may be feasible to have charges reduced or dismissed by proving mitigating circumstances, such as self-defence or lack of intent. Engaging a solicitor to effectively negotiate with the prosecution can enhance the likelihood of a favorable outcome.
