Melbourne is known to be a city of rich culture and community, though just like any other big city, it has its fair share of criminal activities. To the residents who are criminally charged, the Victorian justice system may appear daunting and confusing. It is important to know the most frequent accusations and how proper legal representation can defend the rights of people. This paper identifies five common criminal charges in Melbourne and discusses the ways in which a lawyer can be used to defend against these charges through the latest laws and court proceedings.
Table of Contents
Acts Intended to Cause Injury and Assault
Battery and assaults aimed at causing harm are some of the most common crimes that are prosecuted in Melbourne. The Victorian law differentiates between the summary (less serious) and indictable (serious) assault, such as recklessly causing injury or aggravated assault.
Defending Assault Charges
Evidence that will be examined by a criminal defense attorney will include surveillance video, eyewitness testimonies and medical records. The most popular ones are the defense of self-defense, the identity of the accused, or the legality and reasonableness of the use of force. The comprehensive knowledge of the statutory and common law defenses provides lawyers with the means to create reasonable doubt or have the charges reduced in court.
Traffic Crimes: Suspension of licence
Traffic fines, speeding, and drink driving are quite common in Melbourne. Serious breaches or demerit points may result in immediate licence suspension.
Defending Traffic Offenses
The lawyer is able to question the police practices, the accuracy of the breathalyzer, and the rights provided during the stop. In the case of individuals who risk losing their licence, legal representation is especially beneficial to help with licence suspension appeal process, when it comes to ensuring that the best case is presented in exceptional circumstances, as well as taking clients through the process of Section 85S appeals in the Magistrates’ Court.
Theft and Property Offenses
Criminal activities like burglary, theft and acquisition of property through fraud are on the increase in Melbourne. These are severe punishments, particularly in cases of recidivism or of aggravated conditions (e.g., armed burglary).
Defending Theft Charges
The defense in property crimes is usually based on the fact that the prosecution has to prove their case in terms of time, alibi, or intent. As an example, it can be determined by showing that an accused did not knowingly steal or had a valid claim of ownership to the property. Attorneys can also bargain for the diversion programs of first-time low-level offenders to reduce criminal penalties.
Drug Offenses
Cases of possession, trafficking or cultivation of illegal drugs are common in Melbourne courts. The punishments may be harsh, particularly in the case of trafficking or commercial quantities.
Drug Charge Defense
Attorneys who have dealt with such cases examine the legality of searches, the admissibility of evidence, or the inadvertence of the client or intent to distribute. In the case of minor offenses, a lawyer may help secure admission to health diversion programs or counseling. Experienced legal practitioners in any form of drug case are invaluable in questioning evidence and reducing the long-term effects.
Violation of Family Violence and Intervention Order
Family violence and violations of protective orders are acute problems in Victoria, and many resources are allocated to the prosecution of such crimes. Jail time, intervention orders, and restrictions on all aspects of life can be a result of convictions.
Representing Family Violence Cases
Legal tactics may involve questioning the credibility or intent of complaints, finding contradictory evidence or proving rehabilitative efforts. Negotiation of the lawyers to change or eliminate intervention orders can also be used to balance the safety and the rights of the accused.
Conclusion
The residents of Melbourne who have to deal with criminal charges have to face the system that is set to safeguard the community, but it may seem a bit overwhelming to newcomers. The presence of an informed legal counsel is a game-changer, it raises the possibility of a fair trial, safeguards the rights of law, and seeks the most desirable outcome. Be it assault, theft, drug-related, traffic-related, or a violation of intervention orders, experienced defense attorneys apply their current understanding of Victorian law and defense tactics to defend their clients throughout the process.
