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, serious assaults carries a maximum penalty of 7 years imprisonment unless a circumstance of aggravation exists, in which case the maximum penalty is up to 14 years imprisonment.
Serious Assault Legislation
The offence of Serious Assault is contained in subsection 340 of the Queensland Criminal Code. Under that provision a person commits serious assault if they:
- Assault a person with intent to commit a crime or resist arrest or detainment;
- Assault, obstruct or resist a police officer on duty;
- Assault a person who is performing a duty imposed by law;
- Assault person in pursuance of various categories of conspiracy;
- Assault person aged over 60;
- Assault a person who relies on a guide dog, wheelchair or other remedial device.
What The Police Must Prove
To convict you of a serious Assault, the prosecution must prove each of the following matters beyond a reasonable doubt:-
- You committed an assault in one of the above seven categories;
- You did so intentionally or recklessly, and
- You did so without consent or lawful excuse
Possible Defences For Serious Assault
Possible defences to a charge of Serious Assault Police include, but are not limited to:
- The accuse was acting in self-defence;
- The offence was an accident (meaning an absence of criminal intent);
- The accused was acting under duress.
In particular, a defence might arise where a police officer was not exercising their duty in any reasonable manner when assaulted. If it can be shown that a police officer was acting outside of their legitimate power or function, that fact might defeat a charge of Serious Assault Police.
Which Court Will Hear Your Matter?
A charge of Serious Assault Police is a serious matter and will be heard in the District Court unless the prosecution elects to have it determined by a Magistrates Court.
Aggravated Serious Assault
The aggravated offence of serious assault occurs when one or more aggravating features are present in which case the maximum penalty for the offence is increased to 14 years imprisonment. The aggravated offence is committed when a person bites, spits on or throws bodily fluid at the victim, causes injury to the victim, or is or pretends to be, armed at the time of the assault.
A charge of Aggravated Serious Assault is a very serious offence and there is a risk of imprisonment even for a first offender.
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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