If someone accuses you of assault, how long after can assault charges be brought? This is a crucial question that can significantly impact the outcome of your case and your criminal record. You don’t want a prosecutor to catch you off-guard with assault charges.
At James & Jaramillo, our criminal lawyers are experienced in defending against assault charges. Call us now to receive a free consultation about your case.
Disclaimer: The content of this blog is intended for general informational purposes only and should not be considered expert legal advice for your specific situation. For personalised and professional legal advice regarding assault charges in Australia, please contact us to schedule a free consultation at (02) 8378 8585.
The Importance of the Limitation Period
A limitation period is the length of time that the police may lay charges against you. If the limitation period for the alleged crime has already expired, the police will be unable to charge you with the criminal offence.
To determine when someone can bring up a criminal charge, it is crucial first to determine the type of charge they want to bring. Different limitation periods apply to different kinds of assault charges.
It is crucial to note that the police bring criminal charges to court. The victims themselves do not bring assault charges. This means that, even if the victim agrees, you can’t negotiate for them to avoid bringing up the assault offence. The decision is in the hands of the police.
Call Us Now To Determine Whether Your Limitation Period Has Expired
At James & Jaramillo, our lawyers are experts in criminal law. Call us now to determine whether or not a limitation period applies to your case. Don’t allow the police to bring a legally barred charge against you. We will protect your future from baseless and invalid claims.
If a court finds you guilty of an indictable offence, the sentence may severely impact your life. If you think the limitation period for a criminal offence has expired, don’t plead guilty. Call our experts today to receive the best counsel on your case.
The Limitation Period for Assault Charges In New South Wales
In New South Wales, an indictable offence does not have a limitation period.
An indictable offence is an offence that typically carries a maximum penalty of more than two years. These are more serious offences that the District Court hears, as opposed to a local court.
However, it is important to note that your local court may still be able to hear certain indictable offences. Our lawyers at James & Jaramillo have thorough experience handling indictable and summary offences. If you are going through domestic violence or assault cases, we are here to help.
Indictable offences include, but are not limited to, the following offences:
- Assault
- Assault Occasioning Actual Bodily Harm
- Intentional or Reckless Assault
- Sexual Assault
- Wounding or Grievous Bodily Harm With Intent
If the police charge you with an indictable offence, no limitation period will bar the police from pursuing the case against you. This means that any amount of time may lapse before the police bring it to court. This catches many people off guard, and as such, they are unable to prepare properly for the case.
Summary offences, however, carry a limitation period of six months. The police cannot bring a charge against you once the six-month period between the act and the charge is complete.
Summary offences include, but are not limited to, the following offences:
- Common Assault
- Drunk Driving
- Offensive Language
If the police are charging you with a summary offence in New South Wales, they must do so within six months of the incident in question, or the case will not be eligible for a court trial.
If the police charge you with Common Assault and the incident in question occurred more than six months ago, call our lawyers at James & Jaramillo now. We will fight zealously to have the court drop your assault charges. We have your best interest and freedom in mind.
Limitation Period In Victoria (VIC)
In Victoria, a 12-month limitation period applies to summary offences. In Victoria, this means that if someone is charging you with common assault, the police have 12 months from the date of the incident to lay assault charges, subject to specific legal provisions stating otherwise or mutual consent.
If this 12-month period has lapsed, the police have no legal basis for bringing the charge against you.
Limitation Period in Queensland (QLD)
In Queensland, the 12-month limitation period applies to summary offences, like common assault, subject to specific legal provisions stating otherwise or mutual consent. If the 12 months lapse, the police will not be able to legally lay charges against you.
Limitation Period In Western Australia (WA)
In Western Australia, the 12-month limitation period applies to a summary, or “simple,” criminal offences, like common assault, subject to specific legal provisions stating otherwise or mutual consent. These criminal offences must be heard in the Magistrates Court and not in the District Court.
Limitation Period In South Australia (SA)
In South Australia, the police must bring a charge for a summary offence within two years of the incident in question. If two years pass, the police will be unable to charge you for the criminal offence in question.
Limitation Period In The Northern Territory (NT)
In the Northern Territories, the six-month limitation period applies to a summary or “simple” criminal offences, like common assault, subject to specific legal provisions stating otherwise or mutual consent. Police cannot bring a criminal law charge to court once the six-month limitation period has lapsed.
Limitation Period In Tasmania (TAS)
In Tasmania, the six-month limitation period applies to summary offences, like common assault. Police cannot bring a criminal charge once the six-month limitation period has lapsed. This is according to the Police Offences Act of 1935.
Don’t Accept Your Guilt
Receiving assault charges is a daunting and overwhelming experience. However, we urge you to contact us before you decide on a legal course of action. Leave the law to the legal experts.
Contact us at (02) 8005 3075), and we will book you in for a free consultation. Don’t accept your criminal charge. Give us a call, and our lawyers at James & Jaramillo will advise you on the best action to take.
