Our Criminal Law division consists of experts in their field – highly regarded criminal lawyers with experience representing clients in all criminal jurisdictions of Sydney, New South Wales and beyond. We offer representation in the most serious matters and in the highest jurisdictions. In addition to our Sydney office, we have several office locations located near major Courts that allow us to service thousands of clients throughout NSW. Our Criminal Lawyers work from several office locations, including Sydney CBD, Parramatta, Sutherland and Wollongong, servicing the entire Sydney Metro, most of Greater Western Sydney and the Illawarra and South Coast. We represent clients in all categories of offences, from common minor offences to the most serious, including assault offences, AVOs, drug charges, sexual assault, serious fraud, larceny, robbery and kidnapping. If you have been charged with a criminal offence, then contact us at one of our offices - we can help.
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Affray and Riot offences are based on the principle that people should not be subjected to acts that would cause them to fear for their safety, in public.
Although the term “riot” may bring to mind an easily identifiable scenario of a serious form of public disorder, the legal definitions of both “riot” and “affray” allow for the charges to often be laid in circumstances where one might not expect.
For example, although the offences were created to protect people’s fundamental right to not be placed in fear when in public, it is a misconception that it is only in public that affray and riot offences can be committed.
The penalties upon a finding of guilt for any of these offences can be severe, so it is important to seek competent legal advice if charged with either “affray” or “riot”.
Affray is the offence that is more commonly charged out of the two, as there are less elements to the offence that need to be proved. More often than not, when it comes to affray NSW police lay this charge in circumstances people would not normally expect, such as having a one on one fight with another.
If you have been charged with affray or any type of riot and affray offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have criminal lawyers in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
An Apprehended Violence Order (AVO) is an order made by the court that restricts certain behaviour of the defendant towards another. An Apprehended Violence Order typically serves to protect the person making the complaint from anticipated future harassment, intimidation, stalking or violence. Our AVO Lawyers Sydney and NSW deal with AVO matters on a weekly basis and appear throughout various NSW Courts; typically, defending AVOs brought by the Police.
All Apprehended Violence Orders must include a prohibition on the defendant from assaulting, harassing, threatening, stalking, intimidating, or otherwise interfering with the protected person. Additional conditions can also be sought and granted.
Although an Apprehended Violence Order is not a criminal charge (or conviction), there can be serious consequences for breaching an order. Also, there can be other consequences that flow on from the making of an Order for certain people, which are not at first apparent and that can often remain unknown.
It is important to seek legal advice from a Domestic Violence Lawyer when an Application for an AVO is being made against you to understand your rights, obligations and options, especially if you wish to oppose the Order being made.
Prime Lawyers have a wealth of experience in assisting clients who face the prospect of an Apprehended Violence Order (AVO) being made against them, either in negotiating a better outcome or successfully opposing the making of an Order.
If you have been served with an Application for an Apprehended Violence Order and require legal assistance, then we invite you to contact your nearest Prime Lawyers office.
Assault Charges are some of the most common that are laid in NSW. Being charged with such an offence must be taken seriously as severe penalties can be imposed.
Offences range from Common Assault NSW (whether in a domestic setting or otherwise) to more serious forms of offences against the person, such as reckless wounding and inflicting grievous bodily harm. The range of offending covers anything from a mere touching of another to using a weapon to inflict serious injury.
Often, assaults are alleged to have occurred in circumstances where conflict has arisen between two or more people. In such circumstances, self-defence can often be raised.
In deciding to lay assault charges NSW Police generally rely heavily on a complaint made by the alleged victim, however, there are circumstances where someone can be charged with and found "guilty" of an assault even where a victim has not given a statement.
Prime Lawyers have vast experience in representing people accused of assault offences. We are experienced in successfully defending allegations and, where necessary, representing those who have pleaded "guilty" to an assault offence and obtaining a lesser penalty on sentence.
If you are facing assault charges in NSW and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
Call us today to speak to one of our Assault Lawyers Sydney, Parramatta, Chatswood, Sutherland or Wollongong.
Centrelink Fraud charges cover all offending behaviour by a person relating to the receipt of Centrelink benefits. In broad terms, Centrelink fraud is usually the result of:
- A failure to declare income
- A failure to declare a change of circumstances
- Providing misleading information with respect to amount of income received over a relevant period
- Providing misleading information with respect to relevant circumstances.
The most common Centrelink Fraud charge (and also the least serious) is where someone engages in conduct and as a result of that conduct, obtains a financial advantage from Centrelink, knowing or believing that the person is not eligible to receive that advantage; such as receiving an overpayment due to not declaring an increase in income. Another common offence is where someone intentionally does something to obtain a financial gain from Centrelink. Although the offence categories vary, centrelink fraud penallties for even the least serious form of these offences can be severe, with a maxium penalty for the least serious offence being a term of imprisonment for twelve (12) months.
If someone is suspected of having obtained payments unlawfully, a Centrelink officer will contact them and eventually allow them an opportunity to provide a record of interview before the a decision is made whether or not to prosecute. Even if the person immediately pays the outstanding debt, it does not mean that the matter will not still be referred to the prosecuting authority (Commonwealth DPP). It is important to obtain legal advice as soon as you are approached by Centrelink, rather than waiting to see whether or not you are charged. Our criminal solicitors can provide you with important advice to assist you in making an informed decision when deciding on what you should do next.
If you have been charged with centrelink fraud or other similar offence or have been contacted by Centrelink in relation to an overpayment, then we invite you to contact your nearest Prime Lawyers office.
Australia has some of the strongest child protection laws in the world and one of the most comprehensive legislative regimes in relation to child pornography. Further, Australian law enforcement employs some of the most sophisticated investigative methods in detecting possible offending.
The penalties for all child pornography offences are severe, with full time imprisonment being the most common form of punishment, across the board. There are NSW state offences that are often laid, however, the more comprehensive legislative regime that deals with a wider array of child pornography offences is found in Commonwealth (Federal) law.
The most common child pornography offence that is committed and detected is possession of child pornography. With the advent of the internet comes a wider availability and accessibility to material, which in turn, means a higher rate of detection.
Given the severe penalties that can be imposed when found guilty of any type of child pornography offence, expert legal advice from an experienced criminal lawyer is always advisable. Our criminal solicitors have vast experience with child pornography offences, having represented clients of varying backgrounds and ages.
If you have been charged with a child pornography offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office. We guarantee discretion and absolute confidentiality in our communications.
Drug charges constitute some of the most common criminal offences. The law relating to drug offences can be complex, particularly in relation to supplying a prohibited drug (drug supply). The most common drug charges NSW police lay are for possessing a prohibited drug (drug possession), which is a charge that on its own is always dealt with to finality in the Local Court.
The more serious, common drug offences are supplying a prohibited drug, manufacturing a prohibited drug and importation. The penalties for the more serious offences are severe and the starting point for most of these offences is often a term of imprisonment.
The complexity of drug offence law and the severe penalties available, particularly for the more serious offences, call for the expertise of criminal lawyers with specific experience in that area of law. Our Drug Lawyers Sydney and NSW are expert drug lawyers with specialised knowledge in this area of law and have assisted hundreds of clients in either successfully defending charges or, obtaining lesser penalties when sentenced.
If you are facing drug charges (NSW) and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
There are a number of firearms and dangerous weapons offences that range from minor to very serious. Some firearms are prohibited; however, the majority of firearms in circulation in the community are not prohibited but of course, require the possessor to be licensed and for the firearms to be registered.
Firearms and weapons offences generally fall into three categories: offences dealing with licensing and complying with firearms licence conditions; illegally possessing firearms or prohibited weapons; and using firearms or weapons in the commission of offences.
Penalties for illegal possession of firearms, particularly prohibited firearms, can result in severe penalties. When firearms or weapons are used in the commission of an offence, the likely penalty for most offences is often imprisonment.
Of course, for those who are normally licensed and therefore authorised to possess firearms, being charged with a firearms offence can result in losing the privilege of holding or obtaining a firearms licence. For some people, the consequences of being charged with a firearms offence can outweigh the actual penalty received.
Our criminal lawyers are experienced in representing clients charged with various firearms offences - from not complying with conditions regarding the safe-keeping of firearms, to serious weapons offences.
If you have been charged with firearms or weapons offences and require legal assistance, then we invite you to contact your nearest Prime Lawyers office.
The essential element of fraud charges and similar offences is dishonest and deceptive conduct. Typically, one deceives another to obtain or gain some sort of advantage; usually, a financial one.
Fraud charges and offences related to fraud can be surprisingly difficult to prove. Many prosecution cases may at first appear overwhelming, however, on closer inspection, are nothing more than circumstantial in nature. Our Criminal Lawyers Sydney and NSW are expert fraud lawyers and have been able to pick apart fraud cases with great success.
Understanding how to prove factors that support the elements of an offence is crucial to defending fraud charges. It is to be noted, however, that amendments to the Crimes Act 1900 in early 2010 reduced the amount of specific fraud related offences, allowing for a more general offence that covers most circumstances, which now makes it a lot easier for the authorities to charge someone and as a result, prove their case.
Other offences that relate to fraud are offences that essentially deal with the intention to commit a fraud or being in possession of material for similar purposes, and forms of forgery.
Due to the often circumstantial nature of fraud cases, it is important to obtain advice from a criminal lawyer with expertise in fraud charges. We are experienced fraud lawyers and have successfully represented hundreds of people charged with fraud or related offences - from minor cases, such as misusing a credit card for small purchases, to frauds in amounts exceeding several hundred thousand dollars.
If you are facing a fraud charge or fraud related offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
Speak today to one of our Fraud Lawyers Sydney, Parramatta, Chatswood, Sutherland or Wollongong.
Police are given broad and far reaching investigative powers and powers of arrest. Increasing police powers to help combat crime usually comes at the cost of encroaching on our civil liberties. The law tries to find a balance between the two competing interests; that is, increasing police powers to protect the community against preserving our rights and freedom of movement. Some argue that police powers go too far and others argue that more power should be given. Nevertheless, interfering with police powers of arrest or investigation can result in being charged with a criminal offence.
The most common charges involving police are for resisting an officer in the execution of his or her duty (resist arrest); hindering a police investigation and assault police officer. The charges can often be laid in circumstances where it is questionable whether the accused person has done anything wrong or, where the accused person was in fact defending him/herself from the unlawful actions of the police.
This is the most common offence involving police. Although it is more commonly known as resist arrest NSW Police can rely on this charge to cover a broader range of scenarios and is not isolated to the act of arrest itself. This charge can be defended if it is successfully argued that the police officer was not exercising or acting in his or her lawful duty.
Hindering a police investigation is the least serious of the three offences. It is an easy charge for police to lay, as not a lot is required to make out the charge. Sometimes, one can successfully persuade the police to "downgrade" a resist police charge to a hinder police.
This is of course the more serious type of offence against a police officer, especially if injuries are inflicted. It is not unusual for someone to be sentenced to a term of imprisonment if found "guilty" of this charge; however, the likely penalty will depend on the viciousness of the assault, the type of injury if any, the surrounding circumstances and whether or not the offender has a prior criminal record for offences of violence. Sometimes, an experienced criminal lawyer can have an assault police charge "downgraded" to a resist arrest charge. This will depend on the circumstances and the attitude of the charging police and prosecutors.
Resist arrest and assault police are charges that are often laid without any other charges. When this happens, it can be questionable as to whether the police in fact had a power to arrest in the first place. Other occasions when the police approach can be called into question is when the accused person, in addition to resist arrest or assault police charges is charged with a very minor offence, whereby an infringement notice could have been issued, rather than a physical arrest having to take place. In these circumstances, it can sometimes be argued that police have acted improperly and should not be able to rely on the arrest and the evidence obtained as a result thereof.
If you have been charged with an offence against police, such as assault police or resist arrest, we invite you to contact your nearest Prime Lawyers office.
Contact to speak to one of our Criminal Lawyers Parramatta, Sydney, Chatswood, Sutherland or Wollongong.
There are several offences or offence types that can be grouped under the heading Public Order Offences. As the term suggests, these are offences that deal with keeping the good order of the community. The offences are not typically serious in nature, however, most of them do still carry a term of imprisonment as a possible penalty.
The majority of these offences are listed under the Summary Offences Act 1988; the term "summary" referring to offences that are not, by definition, serious offences. There are other pieces of legislation that deal with offences that can generally be considered to fall under this category offences, such as offences against the Law Enforcement (Powers and Responsibilities) Act 2002.
The most common public order offences under the Summary Offences Act are: offensive language; offensive conduct; wilful and obscene exposure; violent disorder; failure to move on; and custody of a knife in a public place. (For more serious offences that generally occur in public, see our articles on affray and riot).
It should be noted that all the above offences are only committed if they take place in a public place or in or near a school.
The definition of “public place” is found in section 3 of the Summary Offences Act and it is defined as a place or a part of premises that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school. The definition is therefore very broad and does not always exclude what could normally be considered private premises.
A failure to move on when requested to do so by a police officer, in some circumstances, can amount to an offence as well. If the person who is asked to move on is intoxicated at the time, then they may be committing an offence under the Summary Offences Act. In other circumstances, whether the person is intoxicated or not, they may be committing a "failure to move on" offence under the Law Enforcement (Powers and Responsibilities) Act.
It is often the case that police unfairly or even improperly charge people with various public order offences. More often than not, a defence is available and our criminal lawyers are experts at defending these sorts of charges.
If you have been charged with a public order offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have lawyers with expertise in Public Order Offences located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
The most serious forms of stealing fall under the category of robbery offences. For some types of robbery offences, if a person is found or pleads “guilty” to robbery, the starting point at law on sentence is a term of full time imprisonment.
Most robbery offences essentially require that there is a stealing of property, from a person or the person's control, by violence or a threat of violence. There are several types of robbery and related offences. A related offence to robbery is "steal from person", which, unlike robbery, does not require the element that there be an act of violence or a threat of violence. Therefore, robbery and all related robbery offences are more serious than a normal stealing or larceny, as they involve taking of property to be from the person or, essentially, in the person's presence.
Because robbery charges can have serious consequences, it is important to seek legal advice when charged with an offence or preferably, as soon as you are aware that the police wish to speak to you.
Our criminal lawyers have the necessary experience, knowledge, understanding and expertise in dealing with the complexities of representing people charged with serious criminal offences.
If you have been charged with a robbery offence and require legal assistance, then we invite you to contact your nearest Prime Lawyers office.
A wide range of offences are included under the heading of "sexual offences", including variations of sexual assault (rape), indecent assault and acts of indecency.
Sexual offences, particularly the more serious forms, are typically considered offences of violence, as they involve some form of assault or violation of another. Being charged with a sexual offence can prove extremely distressing. Sexual assault and other sexual offences attract heavy penalties. A term of full time imprisonment is the most likely result for those found "guilty" of the more serious forms of sexual offences, including most sexual assaults. The penalties are increased should there be circumstances of aggravation present or if the offences involve the participation of children.
These offences are typically alleged to have occurred in “one on one” scenarios, which often have the accused person on the back foot throughout proceedings when a charge is being defended. Due to the seriousness of the charges and the likely penalties they attract, upon hearing an allegation being made, many will initially think, "But why would the victim lie?". Often, this inherent acceptance in the community that it is unlikely that someone would make up such an allegation can place a falsely accused person in a difficult position when defending an allegation of sexual impropriety. Being falsely accused of a sexual offence with the very real possibility of spending some years in gaol is extremely distressing.
Unfortunately, for a variety of reasons (that often remain unknown), people do make false allegations of the commission of even the most serious crimes.
At Prime Lawyers, our experienced sexual offence lawyers understand that it is not uncommon for people to be falsely accused of sexual assault or sexual offences. Our criminal solicitors have experience in successfully defending various sexual assault charges and other sexual offences. Due to the complexities and difficulties involved in defending a sexual offence, is is important to obtain representation from someone with specific experience in this difficult area of the law, as great care must be taken when defending serious sexual offence allegations.
If you have been charged with sexual assault or a related sexual offence, or have a family member or friend facing a charge, we invite you to contact your nearest Prime Lawyers office. We guarantee discretion and absolute confidentiality in our communications.
We have sexual offence lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
The offence categories of larceny and other stealing offences cover a wide range of offending behaviour. Such offences deal primarily with the taking or attempted taking of someone else's property, without their consent. There are several offences that can be committed even where the person charged with the offence has not taken or been involved in the taking of the property, such as being in custody of goods that are suspected of being stolen.
Given the various forms of larceny and similar offences and the different sets of circumstances that can give rise the the various types of offences, the likely penalties upon being found guilty of vary considerably. However, for the more serious larceny offences, a term of imprisonment is often most likely.
Due to the different types of charges available, particularly with larceny NSW police often overcharge people, preferring the more serious offences. However, it is often the case that upon careful consideration, an experienced criminal lawyer can determine that the more serious charge or charges can be quite easily defended.
Our criminal lawyers are experienced at defending larceny and related charges and also obtaining favourable outcomes on sentence.
If you have been charged with a stealing or larceny offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office.
We have offices in Sydney, Parramatta, Chatswood, Sutherland and Wollongong.
Prime Lawyers' Criminal Law Division has solicitors based at several NSW locations, with most of our offices located walking distance from major criminal law courts.
Our criminal lawyers attend Courts throughout NSW and, where required, travel interstate. Our several office locations provide clients who require the expertise of an experienced criminal lawyer flexibility in choosing an office to attend.
When choosing a criminal lawyer, practical experience is an important consideration, as is experience and familiarity with the criminal court Magistrates and Judges. Because our criminal solicitors attend so many Courts throughout NSW, you can rest assured that there is a higher likelihood that our criminal lawyer representing you is familiar with the particular Magistrate or Judge dealing with your matter, which is important when determining how to approach a matter and which submissions to make.
Below is a list of the Criminal Courts that our criminal lawyers most frequently attend. Of course, we attend other courts as well, so please do not hesitate to contact us even if the Court your matter is before does not appear on our list.
Our criminal lawyers at Prime Lawyers Sutherland service the great people of the Sutherland Shire and surrounds. We are located 200 metres west of Sutherland Local Court and appear on an almost daily basis before the Court.
Our Criminal Lawyers Sutherland provide a range of criminal law services to those living and working in and around the Sutherland Shire including those charged with drug charges, robbery, assault charges, sexual assault, AVOs and more.
Prime Criminal Lawyers Wollongong service Wollongong & the Illawarra region. We provide a range of criminal law legal services to those living and working in and around Wollongong and the Illawarra including Centrelink and fraud offences, drug charges, robbery, assault, firearms and weapons offences, sexual assault and AVOs.
Our criminal lawyers live locally and enjoy the benefit of having a familiarity with and understanding of the local area, the community and importantly, the Courts. We pride ourselves on providing to the community a high level of knowledge, expertise and practical experience, as we strive to achieve the best possible outcome for each and every client.
We appear regularly at Wollongong Local Court and Port Kembla Local Court, Albion Park and where required, travel to Nowra and Goulburn. We present sentencing and appeal matters at Wollongong District Court and are experienced in appearing before the NSW Court of Criminal Appeal in Sydney.
We are located on the ground floor 70 Market Street Wollongong, which is on the left as you head east along Market Street (from Keira Street) towards the 'Church on the Hill' and only walking distance from the criminal law courts and Wollongong Police Station. Street parking is available by paid 'mobile app' parking meter, but for the traditional parking station try the GPT Shopping Centre parking located on the left as you pass the Wollongong Police Station. If travelling by public transport the free bus from Wollongong train station to Crown Street Mall is your best option.
Conferences with our Criminal Lawyers Wollongong are by appointment only, but you can get in touch by calling us on 4228 7722, booking an appointment online, or visiting Elise or Lee at the front desk 8:30am-5:30pm Monday to Friday excluding public holidays.
Our Sydney Criminal Lawyers service clients living or working in and around the city of Sydney. We also act for those clients living in the suburbs, country and interstate who require the representation of highly experienced Sydney based criminal solicitors.
Our criminal lawyers provide a range of criminal law services including representation for those charged with Centrelink and fraud offences, drug charges NSW, robbery, assault charges, firearms and weapons offences, child pornography, sexual assault and AVOs.
Just writing to firstly say thanks and secondly to congratulate you on your professionalism – you were outstanding. Your outcome has literally changed a young man's life. You don't know how much your professionalism and talent has meant to our family. I have my old son back. Prime Lawyers will be highly recommended by me in the future.
The job of a criminal defence lawyer is to analyse the charges, law and evidence, and give advice to the client as to whether the charges can be defended. If they can, we set about preparing for the trial including cross examination of Crown witnesses and submissions of law as to why the charges should be dismissed.Jason Keane - Accredited Specialist in Criminal Law
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