Assault During Public Disorder
Assault during public disorder is a serious assault offence. It is possible that you can be imprisoned for assault during public disorder and thus you should take this charge seriously.
This offence is prescribed under section 59A of the Crimes Act (NSW). This section states that:
1. A person who assaults any person during a large-scale public disorder, although not occasioning actual bodily harm, is liable to imprisonment for 5 years.
2. A person who assaults any person during a large-scale public disorder, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
Defences
If you have been charged with assault during public disorder, there may be a number of defences available to you, which could in turn find you ‘not guilty’ of the offence. Such defences may include:
1. Self Defence - You were defending your self
2. Necessity – It was legally necessary for you to commit assault during public disorder
3. Duress – You were forced to commit assault during public disorder by another party.
4. Challenging the legitimacy of the charge on legal technicalities
Penalties
The maximum penalty for a person convicted of assault during public disorder which did not result in occasioning actual bodily harm is imprisonment for 5 years.
The maximum penalty for a person convicted of assault during public disorder and the assault occasions actual bodily harm is imprisonment for 7 years.
How can Prime Lawyers help?
The criminal law team at Prime Lawyers are experienced in handling assault matters such as this. We can assist you in defending your matter at a court trial. If you are pleading guilty to this offence, we will prepare your case and attend court with you to help minimise the punishment that the court imposes.
The court can impose lengthy imprisonment terms if you are convicted of this offence and it is thus important that you seek advice from a criminal lawyer. Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this. If required, we also have access to some of the best criminal barristers and senior counsel in the country.
Please contact our firm on
(02) 9521 2222 to speak with one of our criminal lawyers today. You can also
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