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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44903
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Just wondering if I have a case against a provoked assault

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Hi just wondering if I have a case against a provoked assault and trespassing offence.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Nsw
JA: Has anything been filed or reported?
Customer: Yes but police didn't charge as I defended myself so we were both in the wrong apparently
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was video footage taken

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Good Morning

If you are saying that you defended yourself and that the other party was the one that instigated it, you have to plead not guilty and have a trial and the court will then decide it it will dismiss the charges

If you have not been charged then there is no case to answer.

Only if you have been charged do you have a case to answer.

If you want to sue for private trespass that is another issue and rather hard to prove and costly.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Customer: replied 2 months ago.
Thanks but I already knew this information, the other person came on my property and started it she threw something at me first before but because she was recording she purposely moved the camera to look I like I started it.

Good Morning

But the police did not charge you?

Customer: replied 2 months ago.
No they didn't but I was injured.

Good Morning

Unless they have charged the other party you cannot get any compensation.

If they have charged the other party then you can claim victims compensation. You cannot sue her for compensation in NSW for the injuries.

Customer: replied 2 months ago.
I'm not looking to sue. If I send a letter to the commanding officer asking for a review can I then get charged?

You can do that.

If you have not given them a statement you should do that as well.

For the police to charge they need to have enough evidence to be able to prosecute. If they do not then they will not charge.

Customer: replied 2 months ago.
Ok thanks. A report was made but I can't press charges Like I said the footage shows I assaulted her first when that wasn't true.
Customer: replied 2 months ago.
If I pressed charges we both would be charged is that fair?

The police decide to charge you just give them a statement which is the evidence you have.

The police will investigate and then once they have statements from all parties and see the footage they will then decide on who they charge.

I cannot say what is fair. The police can only decide who to charge based on what they have and know will go before the court

Leon and other Australia Law Specialists are ready to help you
Customer: replied 2 months ago.
ok thanks.

You are very welcome

Have a great week.

Regards

Leon