Assault Causing Harm: Why Legal Representation Matters

A client came to me charged with assault causing harm, a serious offence carrying a maximum penalty of four years imprisonment.

The complainant had thrown the first punch. While that did not determine the outcome of the matter, it was certainly relevant and was one of a number of circumstances that required careful consideration by me and ultimately careful consideration by the Magistrate when considering penalty.

Many people think criminal matters are simply a question of pleading guilty or not guilty. In reality, there is unseen work that occurs before a matter is finalised.

In this case, the prosecution evidence was obtained and reviewed, enquiries were made regarding prosecution intentions and the facts were carefully considered. The client ultimately pleaded guilty however it remained important to ensure the court had an accurate understanding of the circumstances surrounding the offending and likely long term consequences for him. The impact of this offence can be crushing on career, travel, finances, family and self esteem. For many, facing the criminal courts is stressful and humiliating.

One of the things many people do not understand is that pleading guilty does not necessarily mean agreeing with every allegation made by a witness or contained within a police summary. The factual basis upon which a person is sentenced can have a significant impact on the penalty. For that reason, careful consideration must be given to the submissions that are ultimately placed before the court.

Sentencing is also about more than the offence itself. A court will often want to understand matters such as a person’s background, employment, family circumstances, prior history, insight into the offending and any steps taken towards rehabilitation. Anticipating those issues and ensuring the relevant information is available can make a real difference when penalty is imposed.

When facing a serious criminal charge, the decisions you make can have lasting consequences. Receiving advice about the likely outcomes and the issues that are important to the court is one of the reasons experienced legal representation remains so important.

At our boutique firm, we understand that every client is different. Our role is not simply to provide legal advice. It is to guide clients through a challenging transition with clarity, compassion and practical solutions.

If you have been charged and need guidance on criminal law in Adelaide, Elena Leonardos at Adelaide Legal Solutions is here to help. Elena provides practical, compassionate advice and will work with you to achieve outcomes that protect your future and your family.

Contact Adelaide Legal Solutions to speak with our experienced lawyer Elena Leonardos in Adelaide.

Disclaimer: This article is intended for general information only and should not be considered legal advice. Individual circumstances vary and professional legal advice should be obtained for your specific situation.