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S93C of the Crimes Act 1900 (NSW) states:
This is a table 1 offence meaning that the prosecution may elect to have it dealt with in the District Court or the Local Court. Dealt with summarily the Local Court can impose a maximum penalty of 2 years imprisonment. For a deep dive on what exactly constitutes as Affray, check out our blog dedicated to what exactly amounts to an Affray charge in NSW here.
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For a woman, it is very difficult to deal with harassment, stalking and intimidation. Last year, I have applied for APVO against my neighbour.
Although I had CCTV footages and other evidence, to actually go through the whole court process is stressful, especially because I decided to represent myself in the court. Once I stepped into the legal process the realization hit me that having evidence may not be enough to win and protect myself from the defendant. When you represent yourself, the defendant’s solicitor sees that as an easy winning for his client and uses intimidation tactics.
I have contacted several solicitors but was put off by their emotionlessness approach. I contacted Jonathan Jaramillo from James and Jaramillo Lawyers who offered free first consultation. Comprehensive information offered by Jonathan was very impressive. He listened attentively and took time to answer my questions. He did not tell me what I wanted to hear, but what I needed to hear. I decided to represent myself and asked Jonathan if he would guide me and advise me throughout the process. This would be more cost-effective for me. Regardless of the size of the case, Jonathan was from the beginning to the end extremely professional, prompt and kind. He explained everything clearly making me feel confident with the legal process.
I have managed to get Interim Order in the early stage of the process-mention, which was protecting me till the final hearing in March 2024 when I won the case. This outcome could not have been achieved without working with Jonathan and his professional guidance. I can’t speak highly enough about Jonathan Jaramillo and recommend him for anyone who is looking for a good, responsive and reliable solicitor, and a genuine person.
Maninder Kaur2023-03-30Just wanted to say we were so blessed that we chose James and Jaramillo Lawyers , couldn’t have asked for lawyers better than than . The situation and mess that we were in earlier these lawyers stepped in and took the stress of our shoulders. He took time to understand our circumstances and was always available to ease our minds and take pressure of our minds . We know we could count on him anytime. Thank you so much . Really appreciate all that you did .Martin Glascoe2023-03-28Very positive experience with J&J today. Despite late engagement, Jonathan was able to make the necessary time to assist, providing a detailed list of supporting artefacts I needed to support my case, even taking a call at 8pm! The case plan was fully explained and I felt confident the best result would be achieved. Thanks J&J team!Jennifer Vargas2023-03-23Thank you to Jonathan and Jamie for your support. I highly recommend J&J Lawyers as they are professional and effective. What a great outcome in my case... Gracias Jonathan!Michael Metherell2023-03-17Jonathan and his team are very good at what they do. I was dealing with Jonathan and his assistant Jamie, they were both extremely helpful and supportive with helping me prepare for my court case. Jonathan holds himself very professionally in court and is a confident lawyer. Considering my circumstances where not great and had a hard case, Jonathan handled it well and in result of this it all went in my favour. I highly recommend him and his team. Thank you Jonathan, I'm very greatfull to have found you.Gail2023-03-15Best lawyers ever very thorough has your best interests at heart I wouldn't goSidney C2023-03-08Positive experience & positive outcome - After being in contact with multiple different law firms, I found Jonathan was the right lawyer for us. He was very responsive (even outside working hours) and was able to provide us with one on one service. He took the time to understand our personal circumstances and was always available to ease our minds by providing clear and honest advice. Jonathan shows great confidence in his work which allowed us to place our trust in him for representation. During a highly stressful period, Jonathan definitely made the court process just that little bit easier. Your time and dedication to your work does not go unnoticed - thank you Jonathan!Jye Doyle2023-03-02I’d like to highly recommend Tom Seeney from James & Jaramillo Lawyers. Tom took me on as a client after I was struggling with a lawyer from another firm that took no care in my case. Tom has represented me in multiple cases now and has never failed to impress me with his professionalism and attention to detail, saving me from serious legal implications more times than I could’ve imagined. 5 stars, would not look past him.Angela Doyle2023-03-02I would like to highly recommend Tom Seeney. Mr Seeney took over my case at fairly short notice after my previous lawyer proved to be unsatisfactory. Tom was thorough, extremely knowledgeable about the law and professional in his demeanour at all times. I am so grateful that he took on my case as we got an outstanding outcome. Would highly recommend him. Big thank you from Jye, Liz and Anj.RIEG Wang2023-03-01I am so so grateful to find Tom to help my divorce case After almost one year with a really aweful law firm,which cost me a lot of money and put me in a very difficult position,i want to say big thank you to Tom,you are a great lawyer,but more importantly, a decent human To those who are stucking in a divorce case, i hope you can find a good lawyer like Tom and end the case soon!Mohammad Islam2023-02-26Very much professional and organised. I am really happy with the service they provided. Definitely recommend others to give them a call and book an appointment to see the difference.
Maninder Kaur2023-03-30Just wanted to say we were so blessed that we chose James and Jaramillo Lawyers , couldn’t have asked for lawyers better than than . The situation and mess that we were in earlier these lawyers stepped in and took the stress of our shoulders. He took time to understand our circumstances and was always available to ease our minds and take pressure of our minds . We know we could count on him anytime. Thank you so much . Really appreciate all that you did .Martin Glascoe2023-03-28Very positive experience with J&J today. Despite late engagement, Jonathan was able to make the necessary time to assist, providing a detailed list of supporting artefacts I needed to support my case, even taking a call at 8pm! The case plan was fully explained and I felt confident the best result would be achieved. Thanks J&J team!Jennifer Vargas2023-03-23Thank you to Jonathan and Jamie for your support. I highly recommend J&J Lawyers as they are professional and effective. What a great outcome in my case... Gracias Jonathan!Michael Metherell2023-03-17Jonathan and his team are very good at what they do. I was dealing with Jonathan and his assistant Jamie, they were both extremely helpful and supportive with helping me prepare for my court case. Jonathan holds himself very professionally in court and is a confident lawyer. Considering my circumstances where not great and had a hard case, Jonathan handled it well and in result of this it all went in my favour. I highly recommend him and his team. Thank you Jonathan, I'm very greatfull to have found you.Gail2023-03-15Best lawyers ever very thorough has your best interests at heart I wouldn't goSidney C2023-03-08Positive experience & positive outcome - After being in contact with multiple different law firms, I found Jonathan was the right lawyer for us. He was very responsive (even outside working hours) and was able to provide us with one on one service. He took the time to understand our personal circumstances and was always available to ease our minds by providing clear and honest advice. Jonathan shows great confidence in his work which allowed us to place our trust in him for representation. During a highly stressful period, Jonathan definitely made the court process just that little bit easier. Your time and dedication to your work does not go unnoticed - thank you Jonathan!Jye Doyle2023-03-02I’d like to highly recommend Tom Seeney from James & Jaramillo Lawyers. Tom took me on as a client after I was struggling with a lawyer from another firm that took no care in my case. Tom has represented me in multiple cases now and has never failed to impress me with his professionalism and attention to detail, saving me from serious legal implications more times than I could’ve imagined. 5 stars, would not look past him.Angela Doyle2023-03-02I would like to highly recommend Tom Seeney. Mr Seeney took over my case at fairly short notice after my previous lawyer proved to be unsatisfactory. Tom was thorough, extremely knowledgeable about the law and professional in his demeanour at all times. I am so grateful that he took on my case as we got an outstanding outcome. Would highly recommend him. Big thank you from Jye, Liz and Anj.RIEG Wang2023-03-01I am so so grateful to find Tom to help my divorce case After almost one year with a really aweful law firm,which cost me a lot of money and put me in a very difficult position,i want to say big thank you to Tom,you are a great lawyer,but more importantly, a decent human To those who are stucking in a divorce case, i hope you can find a good lawyer like Tom and end the case soon!Mohammad Islam2023-02-26Very much professional and organised. I am really happy with the service they provided. Definitely recommend others to give them a call and book an appointment to see the difference.
To prove affray, the prosecution must show beyond reasonable doubt that:
1. A person used, or threatened to use unlawful violence towards another person, and
2. That person intended to use, or intended to threaten to use, violence, and
3. The persons actions would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, and
4. The person did so without lawful excuse.
Words alone cannot constitute unlawful violence for the purpose of the section, there needs to be some physical act.
It is a defence to the charge of affray if the person acted in self defence of themselves or of another. We have won countless affray cases and can help you present evidence to prove your side of the story – for example, that you did not intend to cause other people to fear unlawful violence, or that a reasonable person would not have feared for their safety in the circumstances.
Affray usually reflects a serious example of violence. In determining the appropriate penalty the Court will consider the nature and degree of violence, you level of participation together with your subjective background.
Whilst our lawyers have been successful in securing non-conviction outcomes for client’s facing affray charges it is very uncommon and usually the product of careful and skilled negotiation with the prosecution on the facts.
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