Criminal Law

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, police lay this charge in circumstances people would not normally expect, such as having a one on one fight with another.

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.

Drug offences 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 offence is 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 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 lawyers have specialised knowledge in this area of law and have assisted hundreds of clients in either successfully defending charges or, obtaining lesser penalties when sentenced.

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.

These offences can often be surprisingly difficult to prove. Many prosecution cases may at first appear overwhelming, however, on closer inspection, are nothing more than circumstantial in nature.  

Understanding how to prove factors that support the elements of an offence is crucial to defending these types of 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 related offences. 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.

Our criminal lawyers are experts in this field and have been able to pick apart fraud cases with great success for many years; including successfuly defending charges when other lawyers have previously advised clients to plead “guilty”.

Public Order offences are offences that deal with keeping the good order of the community. Although the more common types of these offences are not considered “serious offences” at law, most of them can attract a term of imprisonment as a penalty, especially for a repeat offender.

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 criminal lawyers understand that it is not uncommon for people to be falsely accused of sexual assault or sexual offences. We 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 these types of 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.

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 Domestic Violence 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 AVOs 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 AVO 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 (such as loss of employment).

It is important to seek legal advice from an experienced criminal 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 on their behalf a better outcome or successfully opposing the making of an Order.

Centrelink Fraud charges cover all offending behaviour by a person relating to the receipt of Centrelink benefits. 

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. 

Police are given broad and far reaching investigative powers and powers of arrest. Interfering with police powers of arrest or investigation can result in being charged with a criminal offence. 

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.

The offence category of stealing covers 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 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, 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 lawyers are experienced at defending stealing, theft and larceny offences and also obtaining favourable outcomes on sentence.

If you have been charged with a stealing offence and require legal assistance, we invite you to contact your nearest Prime Lawyers office.