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Thursday, 27 April 2017 16:18

Degrees of Assault Charges

Assault is defined as forceful contact or threatening forceful contact with a person. Depending on the severity of circumstances and injuries will determine the degree of assault you are charged with.

The different types of assault charges in Queensland are as follows, in order of most minor to most severe:

 

Common Assault

A Common assault is the lowest of the possible assault charges and can come about from anything as minor as a bodily gesture, poking, nudging or touching someone, and even just threatening to do such acts.

 

Assault occasioning bodily harm

An assault occasioning bodily harm charge occurs when the victim suffers injuries interfering with their health or comfort. Penalties for this charge are increased if there is a statement that the Defendant had a weapon or is in the company of another person.

 

Assault causing Grievous Bodily Harm

An assault causing grievous bodily harm charge occurs when a person is left permanently injured, scarred or impaired as a result of the assault.

 

Serious assault (any charge of assaulting a Police officer will automatically come under this charge also)

Serious assault charges occur when the assault is on a person over the age of 60 or is handicapped or dependant on a remedial device. If an assault is on a Police officer is serious it will automatically be placed under this degree of assault. If biting, spitting or any bodily fluid is involved the penalty can be doubled, resulting in a possible maximum penalty of 14 years imprisonment.

 

Sexual assault

A Sexual assault charge is a result of any unwanted or forced sexual advancement or behaviour towards a person.  

 

When you are charged with any form of assault charge it is extremely important to seek legal representation immediately. Assault charges more than ever are treated very seriously by the courts and can easily result in jail time.

Here at Clarity Law we represent clients in all degrees of assault charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients. We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

For more information visit our webpage or call 1300 952 255 7am – 7pm seven days a week

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.

Wednesday, 23 November 2016 01:25

10 reasons to engage us for your criminal charge

Regardless of how serious or minor your charge before the Court is, it is always recommended that you obtain an experienced lawyer to represent you in Court. Whilst the punishment is always decided by the Court a lawyer can influence the Court’s decision on what penalty is handed down to you.

Often our client’s livelihood depends on minimising any penalty imposed by the court.

Here are 10 reasons why you should engage us;

Wednesday, 23 November 2016 01:23

Centrelink Fraud in Queensland

There are numerous ways a Centrelink charge can occur such as dishonestly under reporting your income or spousal status, not ceasing payments for children or someone who is no longer under your care, claiming benefits under multiple names etc. Centrelink fraud is a Commonwealth charge and is an extremely serious, more often than not resulting in a jail sentence.

If Centrelink believes you are frequently claiming benefits they will launch in internal investigation. You will likely then be contacted by Centrelink and asked to participate in an interview with them. We strongly recommend to all clients and potential clients that they decline to participate in an interview until they have sought legal advice. From there Centrelink will decide whether to forward their findings onto the Commonwealth Director of Public Prosecutions who has the power to charge a person.

Once a charge has been made we can request the charge documents and comparative sentences from the Director of Public Prosecutions and go over them with you. These documents will show the exact dates and amount/s of money which have allegedly been fraudulently claimed. The comparative sentences provided will be cases similar to the amount of money and circumstances surrounding your charge/s.

The penalties vary according to the severity of the offending, the amount of money involved and the person’s criminal history.  For very minor charges the court might impose a good behaviour bond or community service.

If the amount of the fraud exceeds $10,000 or the person has previous similar offending then the Court will be looking to impose a term of imprisonment.

In our experience, should the amount be under $25,000 then the Courts would generally impose a jail sentence of 12 months per offence and with the right submissions would generally allow the person to remain in the community under an intensive correction order (“ICO”) instead of jail. If the court imposed an ICO it would mean the person would not have to serve any time in jail but would be supervised by Queensland Corrective Services and subject to the requirement to;

  1. report regularly to a supervising officer or receive visits from them
  2. not leave Queensland without permission
  3. may be required to attend courses or treatment
  4. advise on any change of address
  5. undertake up to 12 hours of community service each week

If the amount of the fraud exceeds $25,000 then the risk of a term of actual imprisonment is extremely high.  A conviction will be recorded unless the only penalty is a good behaviour bond and this is generally only done in very minor cases.

We have undertaken Centrelink fraud cases throughout Queensland and know exactly what submissions to make to achieve the best outcome for a client.  The things that may help minimise any penalty include;

  • entering an early guilty plea
  • putting appropriate character references before the court
  • putting appropriate precedent cases before the court
  • entering into a repayment scheme to repay the Centrelink debt.

It is extremely unlikely that you would be granted to not have a conviction recorded against you for a charge of this nature.

Here at Clarity Law we represent Centrelink fraud charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the process and the Magistrates like we do.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice. 

If you want to engage us or just need further information or advice then you can call 1300 952 255 7am – 7pm seven days 

 Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.

Wednesday, 23 November 2016 01:19

Being on bail in Queensland

When you are charged with an offence you will be, depending on the charge, placed on bail until your court date. This means you are released on the condition that you will appear in court at the specified time and date, to answer the charge(s). In this sense, bail is like a promise or a contract to come to the court and deal with your charge.

Should you not appear in court the Magistrate will take that you have breached bail. In this instance the Magistrate may place a warrant out for your arrest. This warrant will be forwarded to the Police who will then in turn seek to arrest you to bring you before the Magistrate. They do this by attending your home, place of employment, or if you are pulled over in your vehicle you may be taken in from there.

For more serious charges you may have terms included in your bail. This means along with agreeing to appear in court at the allocated time and date you may also have to do things such as: