Criminal lawyers: when to seek help ?

Criminal lawyers: when to seek help ?

When criminal proceedings are been carried out, it is imperative that the case is meticulously handled. Initial off the cuff remarks and unguarded statements made during the interview have far reaching consequences. A criminal lawyer is able to assist and ensure the process is as hassle free as possible.

A verdict of guilt may lead to prison. At the very least, it can cause major disruptions in one’s daily life. Again, competent Sydney criminal lawyers have the experience and can make strategic decisions to ensure the defendant has the best chance of a lenient verdict.

Common offences where you need a criminal lawyer:

  1. Assault

To paraphrase the legal parlance on assault, when a person is violent or threatening against another person, it is considered assault. It takes a criminal lawyer to point out that the mere threat is sufficient to classify an incident as assault. In Sydney this is one of the top three reasons recorded for criminal incidents.

 

  1. Murder

The law looks at homicide as the act of taking the life of a human being. It should be noted that both murder and manslaughter are categorised as homicide. The crucial difference is that a criminal lawyer will be adept in pointing out that manslaughter lacks a decided intent or ‘moral culpability’ by the perpetrator.

 

  1. Traffic

There is a high probability that someone who uses a car will be stopped on the busy streets of Sydney. It could be an innocuous breathalyser test or a minor warning, such as failure to indicate. The other end of the spectrum is something like dangerous driving resulting in death.

If found guilty many of the traffic offences attract mandatory penalties, so the court has limited discretion. The greater Sydney region had recorded 91,324 incidents where police had to criminally charge the motorist.

 

  1. Drug Related

As of 2017 it is an offence to traffic a ‘drug of dependence’. The following is the broad spectrum of criminal offenses of drug related nature:

  • Producing drugs with the intention of selling
  • The advertisement of selling drugs
  • Procuring drugs for one’s use or to pass it on to someone else
  • Exchanging drugs

Here a criminal lawyer could be the difference between a slap on the wrist or being treated as part of organised crime.

 

  1. Theft / Dishonesty

Theft is one of the most common offenses reported. In legal terms, theft is the appropriation of someone’s property with no intention to return it to the original owner. A slightly depressing statistic released by the NSW government is that there were 67,528 reported cases of theft in the greater Sydney region alone.

 

  1. Online Offences

Online offences involve the use of a ‘carriage service’ to commit criminal offences. In general these cover financial impropriety. Recently, researchers at the University of Technology Sydney found an alarming rise in online offences relating to child exploitation material. It is best to have the steady guidance of a criminal lawyer when traversing such a minefield of accusations.

 

  1. Fraud

In a similar vein to theft, the notable difference in case of fraud is that the accused is said to have obtained ownership by deception.  This use of deceit is where the criminality comes into play. Naturally a criminal lawyer would be excellent at identifying the shades of such a complex case.

 

  1. Child Exploitation

With the current climate of the Australian Royal Commission looking into allegations of improper conduct by certain sections of the Catholic Church; it is imperative to understand this often overlooked niche of criminal law. It covers age of consent, grooming, evocative selfies, sexting and child exploitation material.

 

  1. Rape/Sexual Offences

The law is clear in its definition. Any situation when an act of non-consensual penetration occurs is rape. In such cases, a criminal lawyer is essential to give one the best possible chance to clear one’s name.

 

  1. Intervention Orders

An intervention order is an official order issued by the Magistrates’ Court in cases where a person has had to endure violent or threatening behaviour from another person. It is much better to let a criminal lawyer deal with the paperwork in such harrowing times.

 

  1. Robbery / Burglary

Not dissimilar to theft, the distinction between the two is when there is a threat or use of force, it makes the crime a robbery. This is where the experience of a criminal lawyer is needed, as the differences could mean up to 5 years extra imprisonment. The seriousness is also highlighted by the fact that there were under 2000 reported cases of robbery in Sydney, over 30 times less than the number of thefts.

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