Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
In Queensland, common assault carries a maximum penalty of three years imprisonment, though fines and other penalties can also be imposed for the offence. Frequently, individuals are charged with Common Assault where a person unlawfully assaults another, but does not cause an injury amounting to Actual or Grievous Bodily Harm or does not constitute a Serious Assault.
A charge of Common Assault might result in a criminal conviction being recorded against your name, though this is not inevitable and Armstrong Legal’s specialist criminal law team stand ready to advise you on the ways that you might avoid a conviction being recorded.
The offence of Common Assault is contained in section 335 of the Queensland Criminal Code which states:
“Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 years.”
It is a circumstance of aggravation, meaning something which increases the seriousness of an offence, if an individual commits Common Assault in a public place while adversely affected by an intoxicating substance (for example drugs or alcohol).
What Actions Might Constitute Common Assault?
Whilst the slightest touch might constitute Common Assault usually police normally would not charge a person with Common Assault unless there is a significant degree of force applied or there is evidence that threats of violence have been made. Examples of common assaults include:
- Pushing, punching, hitting or kicking another person (even without causing bodily harm).
- Spitting upon another person. Spitting is treated as a serious form of the offence. Firstly it is seen as a somewhat disgusting thing to do to another person, secondly there is the possibility of the transfer of some sort of infection.
- Threatening to hurt another person.
What The Police Must Prove
To convict you of Common Assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
- You struck, touched or applied force to another, or threatened another with immediate violence (in circumstances that made the other person think you had the ability to carry out that threat).
- You did so intentionally or recklessly.
- You did so without consent
- You did so without lawful justification or excuse
Possible defences to a charge include, but are not limited to:
- Self Defence, defence of another person, or defence of property
- Accident (meaning an absence of criminal intent)
- Extraordinary emergency
- Prevention of violence, a breach of the peace, or other crime
- Domestic Discipline of a child by a parent or carer.
Which Court Will Hear Your Matter?
Common Assault is a misdemeanour and will be heard in the Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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