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."
How Long After An Assault Can You Press Charges? (WA)
How long after an assault can you press charges? This is a question criminal lawyers are often asked. Contrary to common perceptions, the decision to lay criminal charges is made by the police and not by the alleged victim of a crime. The limitation period for laying charges depends on the nature of the alleged conduct. While there is a short limitation period for laying summary charges, serious offences like aggravated assault and murder are not subject to any limitation period.
How Long After A Simple Assault Can You Press Charges?
Under section 21 of the Criminal Procedure Act 2004, police must lay a charge of a simple offence within 12 months of the alleged offence except where legislation provides otherwise.
A simple offence is an offence that is finalised in the Magistrates Court. Examples of simple offences include common assault under section 313 of the Criminal Code and disorderly behaviour in public under section 74A of the Criminal Code. Traffic offences such as drink driving are also simple offences.
This means that persons who may have committed simple offences in Western Australia are liable to be charged with the offences only for a period of 12 months after the offence occurred.
How Long After An Indictable Assault Can You Press Charges?
Under section 3(6) of the Criminal Code, there is no limitation period for laying charges of indictable offences or either-way offences except where legislation provides for one.
This means that police in Western Australia can charge a person with an indictable offence, such as a serious assault, theft or murder, many years after the alleged offences or even decades later.
Why are there limits on how long after an assault you can press charges?
The limitation period that exists in respect of simple offences has been created so that there is certainty about which matters are going to have legal consequences. When a relatively minor offence has been committed, it is not in anyone’s interest for uncertainty to continue as to whether or not charges will result. It is also not practical for charges to be laid and prosecutions pursued in respect of minor offences that were committed long ago.
When a serious offence has been committed, it is in the public interest for prosecutors to have the power to commence an investigation and lay charges even when a lot of time has passed since the events in question. This is particularly the case in respect of violent offences and sexual offences which can have long-term consequences for their victims.
Victims of domestic violence and sexual assaults may have good reasons for being unable or unwilling to report offences and pursue a prosecution at the time the offences were committed and failure to do so should not prevent them from seeking justice once their circumstances have changed.
Offences that occurred long ago are often referred to as ‘historical offences.’ In some situations, it can be more difficult to secure a conviction in relation to a historical offence as witnesses’ memories may have faded and physical evidence may no longer exist.
In other situations, it can in fact be easier to secure a conviction for a historical offence than it was at the time of the offence. This may be because technologies – such as collecting and analysing DNA evidence – now exist that did not exist back then.
Reporting historical offences
If you have been the victim of an assault that was not reported or prosecuted at the time, you may want to consider making a report and giving a statement to police. Whether a prosecution will be able to commence will depend on how much time has passed and whether the assault was a simple offence or an indictable offence.
Ultimately, the decision as to whether to lay charges against an accused person is at the discretion of the police and this decision will depend on how serious the allegations are, how likely the accused is to be found guilty, and other factors.
If you require legal advice in relation to how long after an assault you can press charges or in any other legal matter, please contact Armstrong Legal.
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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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