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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have been charged with common assault ... my was cheating

Customer Question

JA: Hello. How can we help?
Customer: i have been charged with common assault ... my was cheating with me and i caught her red handed then i loose my temper ended up punching her then she called the police and now they charged me with common assault
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: nsw and t happened on 18th
JA: Have you talked to a lawyer yet?
Customer: i talked with a lawyer but he said i have to plead guilty but im looking for other options
JA: Anything else you think the lawyer should know?
Customer: now my wife telling that she is williing to do anything like change her statement or not appear in court
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

You have to plead guilty and you can give a detailed reason for what you did and show you are sorry for it. The court will take it into account and may be lenient.

If you do not and plead not guilty the court will not be lenient.

What she did was morally incorrect but you cannot assault her for it and get away with it.

She cannot change her statement as it is sworn and I assume that she had bruises?

Customer: replied 1 year ago.
nope she dosent have any bruises
Customer: replied 1 year ago.
moreove i do not have any kind of record dealing with police.. now i am afraid if there is a record then it will have a bad impact on my future cause i might not be able to get good jobs
Expert:  Leon replied 1 year ago.

Good Evening

All of that will be in your favour.

In NSW you may get a section 10 if you plead guilty but you have to have references and show remorse that you are sorry.

Customer: replied 1 year ago.
what do you mean by references??
Expert:  Leon replied 1 year ago.

Letters from your employer there that know you to show the court that you are a good man and that you are no usually violent. That you are a loving and devoted husband. These are then given to the court when you plead guilty and they will take them into account.