#criminal defence lawyers sydney
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oxfordlawyer · 5 months ago
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We at Oxford Lawyers are professionals in all areas of criminal law. You don't need to look very far if you've been accused of a crime and require the best criminal defense attorneys in Sydney. When it matters most, our eminent lawyers will make sure you maintain control.
Oxford Lawyers is a Sydney-based criminal law company with multiple specialties. We are exceptional criminal law practitioners with an unrivaled success rate. Our skilled criminal defense attorneys have a proven track record of overcoming obstacles to prevail in court. In situations when our clients thought their chances of winning were slim, we were able to drop the accusations against them. Due to our abilities, many clients have been found not guilty and exonerated following trials.
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oxford-lawyers · 7 months ago
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Expert Representation: A Guide to Sydney's Leading Criminal Law Firm
When facing criminal charges in Sydney, having expert legal representation can make all the difference. One of the city's premier Criminal Law Firms Sydney has built a reputation for providing top-tier defense and achieving favorable outcomes for clients.
Experienced Team The firm boasts a team of highly experienced criminal lawyers who have handled thousands of cases across all areas of criminal law. From minor offenses to complex white-collar crimes, their attorneys have the knowledge and courtroom experience to effectively advocate for clients.
Comprehensive Criminal Law Services
They offer representation for the full spectrum of criminal matters, including:
Drug offenses
Assault and violent crimes
Fraud and financial crimes
Driving offenses
Sexual assault
Domestic violence
Appeals
Client-Focused Approach The firm takes pride in offering
personalized service tailored to each client's unique situation. They take the time to thoroughly analyze cases, explain options clearly, and develop strategic defense plans. Clients can expect responsive communication and dedicated support throughout the legal process.
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Track Record of Success With a history of achieving acquittals, reduced charges, and minimized sentences, the firm has earned a reputation as one of Sydney's most effective criminal defense practices. They leverage their deep understanding of the law and court procedures to pursue the best possible outcomes.
24/7 Availability
Recognizing that legal troubles don't always happen during business hours, the firm offers around-the-clock availability for urgent matters. Clients can access expert legal advice whenever they need it most.
Free Initial Consultation To help potential clients understand their options, the firm offers free initial consultations. This allows individuals to get preliminary advice and determine if the firm is the right fit for their needs.
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For those facing criminal charges in Sydney, partnering with a leading criminal law firm can provide peace of mind and the best chance at a favorable resolution. With their proven expertise and client-focused approach, this firm stands ready to vigorously defend the rights and futures of those accused of crimes.
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defencelawyersposts · 1 year ago
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Behind the Scenes: The Role of Criminal Defense Lawyers in Sydney
In the complex and dynamic realm of criminal law, defence attorneys play a pivotal role in ensuring justice is served. Behind the scenes, these legal professionals in Sydney navigate intricate legal landscapes, advocate for their clients, and uphold the principles of a fair and just legal system.
Behind the scenes, these legal professionals engage in meticulous preparation, strategic planning, and unwavering advocacy to ensure their clients receive fair treatment and due process. By delving into the complexities of each case, criminal defense lawyers contribute significantly to upholding the principles of justice in the legal system.
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ozlawyers · 1 year ago
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Criminal Defence Lawyers Sydney
Ozlaw’s criminal defence lawyers are well-versed in the intricacies of Criminal Defence and ADVO matters. Their extensive experience allows them to navigate the complexities of criminal cases, whether they involve minor offences or serious charges. From traffic offences and common offences, such as Drug Charges and Drink Driving, to Strictly Indictable matters Ozlaw provides comprehensive legal representation tailored to your unique situation.
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jbcorbanlawyers · 1 year ago
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JB Corban Lawyers Provides Best Criminal Law, Family Law, Traffic Law Services in New South Wales
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Unlocking Justice, Empowering Families, and Navigating Roads with Precision — JB Corban Lawyers, your trusted partner for unparalleled legal excellence in New South Wales! Discover the pinnacle of criminal law mastery, the heartwarming touch of family lawyer in New South Wales, and the road-clearing brilliance of our traffic law services. We don’t just offer legal services; we craft life-changing solutions. Join the ranks of our satisfied clients who have experienced the JB Corban difference — where every case is a masterpiece, every challenge an opportunity, and every client a cherished part of our success story. Your future deserves the best — and JB Corban Lawyers delivers it, passionately, every step of the way.
Click Here To Know More: https://jbcorbanlawyers.blogspot.com/2023/09/jb-corban-lawyers-provides-best.html
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ogbuehilawyers · 24 days ago
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Top Defences in Criminal Cases | What Every Sydney Resident Should Know
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Introduction
It can be quite intimidating to have to face criminal charges. However, the best way to protect yourself in such a situation is to properly understand your legal rights and have a solid criminal defence. Anyone accused of a crime in Sydney is entitled to a fair trial, and it is assumed that they are innocent until proven otherwise.
In this blog, we try to understand the Sydney legal defence in detail and how effective defences can potentially help reduce penalties, challenge the case of the prosecution, or even result in acquittal.
The Basics of Criminal Defence in Sydney
What does a criminal defence in Sydney entail? All defence options revolve around the rights protection of individuals and ensuring everyone gets a fair trial. A criminal defence lawyer usually challenges the case of the prosecution, highlighting procedural errors or presenting alternate explanations. It includes the presumption of innocence, burden of proof, and legal framework. Common types of defences include mistaken identity, self-defence, alibi, and lack of intent. Moreover, under the legal framework, criminal laws outline both defences and offences in detail.
It is important to note here that an effective criminal defence involves understanding the case and the applicable laws in detail to then devise a strategic plan with the help of an experienced counsel.
4 Top Defences in Criminal Cases
1) Self-Defence
The most common defence that is often invoked in criminal cases is self-defence. This defence can usually be witnessed in violent offences like assault. It usually applies when a person protects themselves from an imminent threat using justifiable force. They could also be protecting their property or someone else for self-defence to be applicable. It is usually demonstrated when there is an imminent threat, honest belief, proportionate response, and objective reasonableness involved. Self-defence can even result in acquittal if successfully argued.
2) Lack of Intent (Mens Rea)
Lack of intent or mens rea is considered a crucial protection in criminal law. If there is a lack of criminal intent then it is unfair to subject the person to a criminal punishment unless it results from reckless behavior. In essence, Mens Rea states that only people who are sufficiently aware of their acts and their consequences must face a criminal procedure. Hence, if a case is argued well on the basis of Mens Rea, the person can be acquitted completely.
3) Duress or Coercion
Duress defence is not a justification of a crime but an excuse for committing a crime. In such cases, the defendants need to showcase that even the most logical person would have done the same thing if they were in a similar situation. They need to demonstrate that there was an element of coercion in crime and that the defendant had no alternative but to commit that crime. However, the defendant is required to show clear evidence to prove coercion.
4) Insanity or Mental Incapacity
Insanity defence can be used by defendants if they can prove that they were going through a mental illness or cognitive impairment at the time of committing the crime. Mental incapacity defence showcases that the person did not have any idea about the quality or nature of their act and its effect on another person or the society. In such cases, the defendants can make a strong case based on their mental illness.
Conclusion
To sum up, these are some of the criminal defence strategies that every resident in Sydney must know. So, if you get stuck in a case and don’t know what to do, you must know that you still have your rights as a resident of Sydney. Moreover, the top defences in criminal cases can always come to your rescue. A good lawyer always knows how to defend your case in your best interest.
FAQs
What is the most common defence used in Sydney criminal cases? Depending on the type of cases, self-defence, Mens Rea, Duress or Coercion, and insanity or mental capacity defences are commonly used in criminal cases in Sydney.
Can I use self-defence to defend someone else? Yes, self-defence can be used to defend themselves or another person.
What happens if I claim a lack of intent in my case? If you claim lack of intent, you will have to establish that the criminal act was a result of a reasonable and an honest mistake.
How does the insanity defence work in Sydney? The insanity defence works if the defendant can prove that they were not in the right mental state which made them lose the capacity to know what they were doing.
Is duress a valid defence for all types of crimes? No, duress cannot be used as a valid defence for all types of crimes. It can only be used for serious crimes such as attempted murder, murder or any type of reason.
Content Source: https://ogbuehilawyers.com.au/top-defences-in-criminal-case/
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amalegal · 2 years ago
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Best Family Lawyers In Sydney
Whether you're seeking guidance on pre-trial strategies discovery processes settlement negotiations trial preparation or post-trial remedies our panel of seasoned professionals is here to provide valuable insights at AMA Legal firm.From family lawyers in Sydney to criminal defense lawyers in Parramatta we'll address your common questions and shed light on the role of lawyers in advocating for their clients.Discover the best family lawyers in Sydney and gain a comprehensive under standing of the legal land scape.Don't miss out on this opportunity to engage with the top legal minds in the field.
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head-post · 9 months ago
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Australian war crimes whistleblower McBride jailed
A former army lawyer who revealed Australia’s war crimes allegations in Afghanistan has been sentenced to prison, Australian media reported.
McBride pleaded guilty to three charges, including stealing and passing classified documents to the press. He had previously faced life imprisonment. He must serve 27 months in prison before being eligible for parole.
Human rights advocates say convicting McBride and sentencing him earlier than the alleged war criminal he helped expose shows a lack of protection for whistleblowers in Australia.
McBride’s lawyer Mark Davis said he would appeal the severity of the sentence.
Tuesday’s sentencing ends a long legal battle between the former army lawyer and Commonwealth prosecutors who pursued charges against McBride over classified defence documents he admitted stealing between May 2014 and December 2015.
McBride’s documents formed the basis for a seven-part Australian Broadcasting Corp. storyline in 2017 that included allegations of war crimes, including the killing of unarmed Afghan men and children by soldiers from Australia’s Special Air Service regiment in 2013.
Rawan Arraf, the executive director of the Australian Centre for International Justice, said:
It is a travesty that the first person imprisoned in relation to Australia’s war crimes in Afghanistan is not a war criminal but a whistleblower.
In 2019, police raided the ABC’s Sydney headquarters in search of evidence of the leak. However, they decided not to charge the two reporters in charge of the investigation.
Passing sentence, the judge said he did not accept McBride’s explanation that he thought the court would acquit him of acting in the public interest.
Read more HERE
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findlaw · 1 month ago
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Davis Ford Lawyers, Best Criminal Defence and Traffic Lawyers in Sydney
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Davis Ford Lawyers specialise in providing expert assistance to individuals facing legal issues across the Sydney Metropolitan and Blue Mountains areas.  We take instructions in traffic matters, AVO applications, minor police charges, serious criminal charges and licence appeals for traffic, RMS, firearms and security licences. 
Get in touch for expert legal assistance
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oxford-lawyers · 10 months ago
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Navigating Legal Waters: Criminal Lawyers in Sydney
In the intricate web of legal systems, criminal law stands as a formidable domain, where the stakes are high and the consequences profound. Within the bustling metropolis of Sydney, a city that pulsates with life and activity, individuals may find themselves entangled in legal disputes that necessitate the expertise of adept legal professionals. This is where Criminal Lawyers Sydney step in, serving as guardians of justice and protectors of rights.
At the forefront of this legal landscape is Oxford Lawyers, a distinguished law firm situated in the heart of Sydney. With a commitment to excellence and a track record of success, Oxford Lawyers stands as a beacon of hope for those facing the daunting prospect of criminal charges.
Criminal lawyers play a pivotal role in the justice system, advocating for their clients' rights, crafting robust legal strategies, and navigating the complexities of the law with finesse. In Sydney, where the legal terrain can be challenging to traverse, the guidance and representation of seasoned criminal lawyers become invaluable.
One of the hallmarks of a reputable criminal lawyer is their ability to provide comprehensive legal assistance across a spectrum of criminal offenses. Whether it be assault, drug offenses, fraud, or more serious charges such as murder, a skilled criminal lawyer possesses the knowledge and experience to mount a robust defense tailored to the specific circumstances of each case.
Moreover, the role of a criminal lawyer extends beyond the confines of the courtroom. They serve as confidants and advisors, offering support and guidance to clients navigating the turbulent waters of the legal system. In times of uncertainty and distress, having a compassionate and knowledgeable legal advocate by one's side can make all the difference.
At Oxford Lawyers, clients can expect nothing short of exceptional legal representation. With a team of seasoned professionals who are well-versed in the intricacies of criminal law, Oxford Lawyers provides personalized attention and strategic counsel to each client, ensuring that their rights are protected and their voices heard.
Furthermore, in a rapidly evolving legal landscape, staying abreast of changes in legislation and precedent is crucial. Criminal lawyers at Oxford Lawyers are committed to ongoing professional development, ensuring that they remain at the forefront of legal innovation and best practices. This dedication to excellence enables them to provide clients with the highest caliber of legal representation.
In addition to their legal acumen, the team at Oxford Lawyers embodies values of integrity, transparency, and dedication to justice. They approach each case with unwavering commitment and diligence, leaving no stone unturned in the pursuit of a favorable outcome for their clients.
In conclusion, criminal lawyers in Sydney, epitomized by firms like Oxford Lawyers, play an indispensable role in upholding the principles of justice and safeguarding the rights of individuals. In a city teeming with diversity and dynamism, the presence of skilled legal professionals serves as a cornerstone of a fair and equitable society. For those navigating the complexities of the criminal justice system, the guidance and expertise of criminal lawyers offer a beacon of hope and a pathway to justice.
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maranofamilylawyers · 2 months ago
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Legal Assistance Hurstville
Legal Assistance Hurstville provides free help with housing, family, employment, consumer and public benefits cases for low-income individuals and families. Services are provided by volunteer attorneys. These programs are available at most court based Help Centers.
A lawyer experienced in personal injury law will work hard to provide a strong defence and put your case behind you as quickly as possible. They will also offer free advice through NSW’s legal hotline and work on a contingency fee basis.
Antony Mastrogiannis
Antony Mastrogiannis is a well-respected Legal Assistance Hurstville lawyer who is the principal solicitor at AM Legal Compensation Lawyers in Sydney. He is an accredited specialist in compensation law and has represented clients against large employers and insurance providers. He is fluent in conversational Greek and stays abreast of legislative changes.
A will is a legal document that specifies how you want your property and assets to be distributed after your death. It also names the executor of your estate and nominates guardians for any minor children you have. It is important to have a will to avoid any disputes or litigation between your loved ones.
Located at 1 145 Forest Road, Hurstville, NSW 2121, Hancock Alldis & Roskov offers a range of services to clients, including conveyancing and wills and estates. They are a well-established firm with an impressive client list and a stellar reputation in the community. The team is knowledgeable in a variety of areas, including family law, property law and criminal law.
HIAS
In addition to providing legal assistance, HIAS advocates on behalf of refugees and asylum seekers in communities across the United States. This includes fighting for basic government benefits and assisting survivors of domestic violence through Violence Against Women Act self-petitions, battered spouse waivers and U visas. HIAS also works with local communities to integrate new refugees.
HIAS also provides free information, help and referrals for housing, family, employment, immigration, domestic violence, consumer and public benefits issues for low-income people. It is available through court-based Help Centers and community organizations. HIAS staff are currently focusing on the Ukraine crisis, which has displaced millions of refugees.
The National Rabbinic Letter is an open letter signed by more than 2,001 rabbis urging elected officials to continue welcoming refugees into the country. HIAS has also been a partner in federal suits challenging President Trump’s travel ban. It continues to be a leading voice for refugee policy in the United States.
Access the Law
The lawyers at Legal Assistance Hurstville are dedicated to providing their clients with a strong defence. They offer free advice through the NSW legal hotline and work on a contingency fee basis, meaning that they only get paid if they win your case. They also have a dedicated team of staff who are fluent in conversational Greek and are always keeping abreast of legislative changes.
Legal assistance is free help with housing, family, employment, consumer, and public benefits cases for low-income individuals and families. Typically, these services are provided by volunteer attorneys.
Brooklyn Legal Services Corporation A (Brooklyn A) provides high-quality civil legal assistance to residents of New York City. Its programs focus on essential issues of life, including preventing homelessness, ensuring access to affordable health care, and protecting people from domestic violence. Brooklyn A partners with compassionate pro bono attorneys to help the most vulnerable. They also provide community education and training for local legal aid providers.
LawHelp
If you are facing legal issues related to Australian Family Lawyers, then you need help from a good team. The Go To Court Lawyers Hurstville can provide you with the best advice and strong representation for your case. They are experienced in both family and criminal law and can deal with all types of cases.
LawHelp Interactive (LHI) is a national online document assembly platform that allows self represented litigants to prepare their own legal forms for free.
Throughout 2020, LHI facilitated more than 1 million interviews and assembled more than 5.1 million documents for individuals dealing with issues such as child support and custody, domestic violence, debt collection, foreclosures, evictions, and divorce.
Pat leads legal and content strategy for LawHelpNY, as well as other Pro Bono Net New York programs and initiatives. She has extensive experience writing “smart” interviews, plain language articles, legal updates, practice guides and training materials for advocates and impacted communities. She also has a background in immigration law practice and training.
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ozlawyers · 2 months ago
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Criminal Lawyers Manly
When facing legal charges in Sydney, having a qualified and experienced solicitor and advocate by your side is crucial. With 20 years of experience in criminal law, Ozlaw is your trusted ally in the complex world of criminal law. As criminal lawyers, our first step is to listen. We provide a free phone consultation, advising you on all your legal options and the necessary steps to resolve your matter effectively. Ozlaw is unwavering in its commitment to justice and has earned a reputation as a trusted ally in the field of criminal law. Ozlaw serves the diverse needs of individuals appearing in the Sydney Downing Centre, Manly Local Court, Hornsby Local Court, and surrounding areas. Our local expertise allows us to provide tailored legal representation that takes into account the specific nuances of the Manly area. We offer affordable fixed fees for many services and free initial consultations.
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eptimes · 6 years ago
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'Do you want me to kill myself?' Lawyer faces court over allegedly interfering with witness
Nobody disputes there were two text messages and two phone calls.
But what Sydney lawyer Eidan Havas now considers an "error of judgment", NSW Police say is a criminal offence punishable by up to seven years imprisonment.
It is not in dispute that in July this year, Mr Havas, 35, sent two text messages and made two calls to a woman, who cannot be named.
The woman had taken an apprehended violence order out against a man, who had hired Mr Havas as his solicitor.
"Hi, Eidan Havas here. I'm the solicitor for , I was just curious if you're still proceeding with the AVO tomorrow", one text allegedly read.
"Are you still going to proceed this morning? [Redacted] has to pay for a barrister if you are. Sorry to offend you", read a second text message allegedly sent the next day.
Mr Havas also allegedly rang the woman twice.
Outside Manly Local Court on Wednesday, Mr Havas' QC Winston Terracini said his client would be pleading not guilty.
"There is potential for this to be construed as an error of judgment. But certainly this case does not display any evidence of criminal intent by Mr Havas," he said.
Mr Havas was this month arrested outside the same court where he had just appeared for a client.
He was charged with influencing a witness and will return to court in September.
It is understood the Law Society have been informed about the charges against Mr Havas, who continues to practise at his firm Havas Legal.
Salim Mehajer’s former lawyer has been found not guilty of assault charges against his ex-girlfriend after the court accepted he was acting in self-defence. A man walking his dog outside his Waterloo home called police to report what he allegedly saw through the window.
In a video taken two days after the second alleged text message and obtained by the Herald, Mr Havas repeatedly slams his head into a door and yells 'What do you want from me? Do you want me to kill myself? Is that what you want?'
Mr Havas has acted for a number of high-profile Sydney identities, including prison helicopter escapee John Killick, accused family court bomber Leonard Warwick and disgraced former Auburn deputy mayor Salim Mehajer.
Mr Havas took the extraordinary step of holding a press conference denouncing his former client last year on the steps of the Federal Court, after Mehajer branded him "incompetent".
"If he has done anything wrong he can't take the blame for himself.
"It is always somebody else's fault," said Mr Havas of his former client, who he claimed had not paid him.
Mr Havas was also in the spotlight when he and his client Hussein Ayoub turned up at the Kogarah Police Station as police were giving a press conference saying they wanted to speak to Mr Ayoub.
In turn, Mr Havas launched his own press conference, saying Mr Ayoub was considering a defamation claim against NSW Police.
"Police have released a media release saying they would like to speak to my bloke.
"He is here today, they don't want to speak to him."
Justin Keane
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amalegal · 2 years ago
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Best Family Lawyers In Sydney
Whether you're seeking guidance on pre-trial strategies discovery processes settlement negotiations trial preparation or post-trial remedies our panel of seasoned professionals is here to provide valuable insights at AMA Legal firm.From family lawyers in Sydney to criminal defense lawyers in Parramatta we'll address your common questions and shed light on the role of lawyers in advocating for their clients.Discover the best family lawyers in Sydney and gain a comprehensive under standing of the legal landscape.Don't miss out on this opportunity to engage with the top legal minds in the field.
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nationaltrafficlawyers · 3 months ago
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Expert Traffic Lawyers in Sydney: Your Guide to Navigating Traffic Offences
In Sydney, facing a traffic offence can be daunting, impacting your licence, employment, and day-to-day life. With a trusted Traffic Law Specialist by your side, you can confidently tackle these challenges, whether you’re dealing with a speeding fine, a licence suspension, or more complex traffic offences. National Traffic Lawyers are here to guide you through every step, ensuring your rights are protected and you’re well-prepared for what lies ahead.
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Why You Need a Traffic Lawyer
The consequences of traffic offences range from minor fines to significant penalties, licence suspensions, or even criminal records. Many people think they can manage these situations alone; however, having an experienced traffic lawyer can make a big difference. Lawyers specialising in traffic law understand the nuances of Sydney’s road regulations, giving you a distinct advantage in court. They can help reduce fines, maintain your licence, and in some cases, have charges dismissed.
Common Types of Traffic Offences
Sydney’s traffic laws cover a wide array of offences, each with its own set of penalties. Here are some of the most common types National Traffic Lawyers handle:
• Speeding Offences
Exceeding speed limits is a frequent offence, with penalties ranging from fines to licence disqualification. An experienced lawyer can help contest or minimise penalties, especially in cases where mitigating circumstances apply.
• Drink and Drug Driving
Driving under the influence carries severe consequences, including heavy fines, mandatory rehabilitation programs, and even jail time. A skilled Traffic Law Specialist will evaluate the evidence and identify potential defences.
• Licence Suspensions and Appeals
Losing your licence affects your personal and professional life. A traffic lawyer can help you appeal suspensions and explore alternatives, like good behaviour bonds, to retain limited driving rights.
• Reckless and Dangerous Driving
These serious offences involve risks to public safety and often come with harsh penalties. With proper representation, you can present a strong defence or negotiate penalties that allow you to maintain your driving privileges.
Benefits of Traffic Offence Representation
Choosing an experienced team like National Traffic Lawyers provides peace of mind. With years of expertise handling traffic law cases, they bring a strategic approach tailored to each case. Here’s why it matters:
Comprehensive Legal Knowledge
Understanding NSW’s traffic laws is key to building a successful case. National Traffic Lawyers are adept in various defence strategies, from challenging evidence to negotiating reduced penalties.
Personalised Support
Each case is unique, and having a lawyer who takes the time to understand your specific situation is invaluable. National Traffic Lawyers assess every detail to deliver personalised advice and representation.
Improved Outcome Potential
Traffic lawyers know what to look for and what to argue, increasing your chances of a favourable result. Whether it’s contesting fines, avoiding suspensions, or defending a complex case, their representation can be pivotal.
Take Control of Your Situation
Traffic offences can be overwhelming, but with a professional by your side, you’re not alone. National Traffic Lawyers are committed to helping clients achieve the best possible outcomes. Their team of Traffic Law Specialists offers the guidance, expertise, and support needed to navigate Sydney’s traffic law system effectively.
Don’t let a traffic offence disrupt your life. Contact National Traffic Lawyer today to discuss your options and get the representation you deserve.
For more information on traffic offences and legal support, visit National Traffic Lawyers.
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amalegalau · 4 months ago
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Common Assault Case: Understanding the Available Defences
If you are facing a common assault charge in NSW, it is important to understand the types of defences that may be applicable in your case.  If any of the applicable defences are made out, the charges of common assault in NSW will be dismissed and a not guilty verdict will be entered.
What is Common Assault?
In simple words, common assault is any act by which the accused recklessly or intentionally causes another person to apprehend immediate and unlawful violence. This may involve hitting, kicking, or even raising your hands at someone without any physical contact. On conviction, an offender can be sentenced to up to 2 years jail.
Defences:
Any experienced criminal defence lawyer will consider any of the following defences, if applicable:
Self-Defence
Self-defence if made out is a complete defence for individuals accused of common assault in NSW. Self-defence means that a person is entitled to protect themselves or others and their actions constituting the offence are reasonable in the circumstances as they perceive them. The burden of raising self-defence is on the defendant and is usually done on the evidence of eyewitnesses or video recordings of the incident or it could be the defendant giving evidence.
Consent:
In some cases, proving that you obtained consent from the other party could be a defence to the charge. It's vital to prove that the consent was genuine and not received through pressure. This clearly states that all parties had a mutual agreement about the nature of contact. An example would be of two parties who agree to sparring at a boxing gym. A person cannot claim to have been assaulted if they consented to such conduct.
Duress:
Duress refers to a scenario where an individual commits an assault due to threats or extreme pressure imposed by someone else. This defence highlights that their actions were a direct response to threat made by another. The burden is on the defendant to present clear evidence showing the nature and extent of such threats. This could include messages, recordings, or witnesses evidence that verify the existence of a genuine threat of harm. An example of when the defence may be available could be if Person A tells Person B that if they did not assault Person C then Person A would hurt them.
Lawful Correction:
Lawful correction is a defence that may be applicable in cases where an individual being a parent or guardian, uses reasonable force for the purpose of disciplining a child. This defence emphasises that there are some circumstances where physical discipline can be considered acceptable under the NSW law.
The demonstration of reasonable force involves a careful assessment of the situation, considering factors such as the age of the child, the nature of their misbehaviour, and the force applied in response.
Why Legal Representation is Important?
It's important to have a criminal defence lawyer who reviews the evidence thoroughly and takes extensive instructions from the client. With their expertise in common assault crimes act cases they can guide you on what pleas should be entered, represent you in Court and act as your advocate ensuring your best interests are acted on.
If you are charged with a common assault, get in touch with an assault lawyer Sydney today.
The author is a criminal lawyer in Sydney working at a recognised law firm. He often writes articles relating to criminal law for several digital publications. Visit https://www.amalegal.com.au/
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