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Criminal Law

If you have been charged with a criminal offence, or are the target of a criminal investigation, it is vital to obtain early legal advice. You need to understand your legal rights and ensure they are protected.

We have expertise in all areas of criminal law and can provide advice and support for a range of matters. We attend all Sydney and suburban police stations, including Australian Federal Police Headquarters.

We believe that communication with our clients is critical. We provide clear advice with an explanation of the range of possible outcomes for your criminal law matter with regular updates.

We can assist with:

  • Apprehended Violence Orders (AVOs)
  • Assault and Affray
  • Break and Enter
  • Companion Animals Act
  • Drink Driving Charges
  • Drug and Alcohol charges
  • Fraud
  • Malicious Damage
  • Offensive Conduct
  • Robbery Charges
  • Sex Offences
  • Stealing
  • Traffic Offences
  • Weapons offences

Apprehended Violence Orders (AVOs)

An AVO is an order made by a court against a ‘defendant’ in circumstances where a person in need of protection can show that he or she has reasonable grounds to fear that the defendant may engage in personal violence or intimidating or stalking behaviour against that person.

A court may impose whatever restrictions and prohibitions on the defendant’s behaviour that it considers necessary for the protection of the person applying for the AVO. The AVO will restrain the defendant from assaulting, harassing, threatening, stalking, or intimidating the protected person and may also stop them from approaching or contacting the protected person, or attending his or her home or place of work.

What happens if an application for an AVO is served on me?

If you are served with an application for an AVO we recommend you obtain urgent legal advice. You can either consent to the AVO being made or oppose it. Consenting to an AVO is not an admission of what you have been accused of however you should think carefully about the implications of having an AVO made against you.

If you intend to oppose the AVO, you should obtain legal advice and ensure you are available to attend the hearing. If you do not appear at the hearing, then the order will likely be made in your absence.

While the issue of an AVO against you is not in itself a criminal offence, if you breach an AVO you risk a criminal conviction and record, significant fines, and even imprisonment. This can have a serious impact on your life.

Traffic offences

Being charged with a traffic offence that could result in a criminal conviction, loss of driver’s licence and / or other penalties can impact your life and capacity to earn an income. We can assist you through this difficult and stressful time.

Drink driving

Driving under the influence of alcohol is an offence which attracts significant fines and licence disqualification periods.

If a person is convicted of a drink-driving offence, there is an automatic period of disqualification during which they cannot hold a licence. The range of penalties imposed depend on the reading of alcohol present in the driver’s blood, known as a Prescribed Concentration of Alcohol (PCA) reading, and the type of licence the driver holds. Other considerations include whether the person is a first-time offender or has had previous offences.

Even drivers convicted of an offence for low-range PCA (readings from 0.05 to less than 0.08) for the first time now will generally have their licences immediately disqualified.

Limited defences may be available for a person who has been charged with a drink driving offence. These are very technical and we strongly recommend obtaining advice from an experienced lawyer to determine if a defence may apply in your circumstances.

Dangerous or negligent driving

Dangerous and or negligent driving falls within a range of serious categories considered to be major offences. These include:

  • furious / reckless driving;
  • predatory / menacing driving;
  • hoon offences / burnouts;
  • police pursuits;
  • negligent / dangerous driving causing death or grievous bodily harm;
  • murder or manslaughter arising from the use of a motor vehicle.

Grave penalties apply for a conviction. These matters can be very complex, and we strongly recommend you obtain legal advice if facing these charges.

Going to Court for a traffic matter

Traffic matters generally proceed quickly, and the court process can be confusing.

Obtaining dependable legal advice can make a big difference and the outcome of the matter may be improved by ensuring the person facing court is properly informed and equipped to answer the charges.

Many traffic offences have automatic disqualification periods. In some cases, these penalties may be reduced if there is appropriate reason to do so. This requires supporting evidence and a well-prepared case. The court will generally consider the person’s:

  • character, work history, prior criminal history and family circumstances;
  • involvement in the community;
  • underlying medical (or other) issues relevant to the offence;
  • reliance on a driver’s licence for work or other reasons such as the need to travel for ongoing medical treatment and the consequential impact the loss of a licence has or will have.

A criminal record can have serious consequences. If you are facing a criminal charge, getting good legal advice can ensure you have every opportunity of having a fair hearing and achieving the best possible outcome in the circumstances of your matter. We will provide guidance, help protect your rights, and represent you during these difficult times.

If you need any assistance, contact one of our lawyers at [email protected] or call 1300 658 788 for a no-obligation discussion and for expert legal advice.