Expert criminal and traffic lawyers in Sydney as well as Beverly Hills
Altria Law are experienced criminal lawyers specialising in traffic offences, drug crimes, assault, AVOs, fraud and mounting a criminal defence. We offer advice and representation covering the full range of criminal law as well as civil wrong matters, from Summary Offences to more serious crimes.
A comprehensive service for all criminal law matters
Our traffic lawyers handle matters including speeding, drink driving/DUI, red light infringements and motor accidents where you might be at fault. Our criminal attorneys sensitively deal with matters involving sexual assault, violent assault and AVOs on both defence and prosecution. We can assist in navigating drug possession and dealing charges, including importation, manufacture or cultivation. Furthermore, our expert criminal law team also deals with complex matters involving fraud and other criminal cases such as firearms and robbery.
Criminal Law case outcomes are dependent on many factors, so it is wise to seek knowledgeable advice and representation. Altria’s expert criminal law team can greatly affect the verdict and resulting punishment, as well as deciding on the right path to take with pleas. Talk to us today about your matter so we may provide you bespoke advice specific to your situation.
Altria’s criminal and traffic infringement lawyers are specialists in their field. Their years of experience ensures you will receive the best advice, representation and defence available. We understand criminal law intimately, so we can work to find the right angle and technical aspects to argue your case, as well as advising you on entering the right plea for the charge.
Our services cover
- Traffic offences
- Suspended license
- Loss of driving license
- Drink driving
- Driving under the influence (DUI)
- Drug possession
- Drug dealing
- Personal violence
- Sexual assault
- Firearms charges
Talk to a criminal lawyer
Call (02) 9134-5851 to discuss your matter with our criminal law team.
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Criminal Law Fact Sheet
Our Criminal Law fact sheet provides an overview of the factors to consider if you are defending or prosecuting a criminal charge in NSW. Our fact sheet provides practical and simple guidance on the process and things to consider, including methods of defending the charge and pleas. We cover topics about:
- Traffic offences
- Drug possession
- Drug supply
- Violent assault
If you wish to discuss your matter further with a criminal or traffic lawyer please contact us today.
Criminal law – good to know
- You must always be completely honest and open with your legal team to ensure they can assist you in the best way possible.
- ‘Client legal privilege’ allows you to discuss your matter in confidence with your lawyer, and it won’t be admissible in court.
- It is possible to commit and be tried for both a crime and a civil wrong at the same time.
- NSW fines are based on a ‘penalty unit’ system. 1 penalty unit is currently equal to $110. The system is designed so that the penalty points can remain the same on a crime, but the government can adjust the monetary rate to account for inflation.
Expert traffic lawyers
Driving offences are common, but losing your license and demerit points along with heavy fines – or worse, going to jail – can be reduced or avoided if the right defence is mounted by our experienced traffic lawyers. We have the traffic infringement know-how to present your case in the best possible light. Altria can assist with all traffic offences if you have grounds for defence or have extraordinary needs, such as a pressing requirement to retain your license for personal reasons.
We can help if your matter goes to court due to:
- Negligent driving, occasioning death or grievous bodily harm
- Exceeding the speed limit by more than 30 km/hr over the limit
- Driving under the influence of drugs or alcohol, or refusing to undergo a breath test
- Driving while your licence is suspended or you are disqualified from driving
Mounting a defence
Defending yourself against a driving offence is a specialist skill, and whilst you can go it alone in most cases you should engage an experienced traffic lawyer to represent you. How you are presented to the magistrate, obtaining valuable evidence and pleading your case correctly are vital to obtaining the best outcome.
Common defences we will discuss with you include:
- Denial that you did what the prosecutor says you did
- That you have a legal excuse or justification for your actions
- The penalty does not reflect the circumstances of your situation
- You were convicted and fined in your absence as you were not properly notified of the hearing
We will seek a Section 10 for your case where possible
Altria’s traffic infringement lawyers can seek a ‘Section 10’ for punishable traffic offences so your record is not tarnished, and will result in no fine being paid and you keeping your license. Section 10’s are applicable in limited circumstances and takes some convincing of the courts. The court may dictate a good behaviour bond or intervention programme in relation to your punishment.
Altria’s traffic infringement lawyers can assist with all offences
Talk to Altria’s experienced traffic lawyers today about your particular situation. We will help represent you in court to minimise any penalties to the full extent of the law.
Drink driving is an offence taken seriously especially if it has caused an accident. Drink driving penalties vary from a fine to imprisonment. You will lose your licence. If you are over the limit you will be arrested and need to appear in local court.
Speeding and red light infringements
If you believe that you were wrongfully booked for speeding or running a red light there are avenues to defend your driving record against the RMS. Cameras are not infallible, and there may be technical grounds to argue your case.
Drug driving Police can now also test for various drugs in your system if you have been stopped by for random testing or pulled over by the police. It is important you comply with the police requests for an oral sample.
Other infringements and car accidents
Dangerous and negligent driving charges vary on the severity of the act and resulting consequences such as killing or injuring someone and destroying property. If you have been in or caused a car accident it is important you comply with police requests.
Practiced drug lawyers available to take your case
Defending possession charges
To be found guilty of possession, an illegal drug must be proven to be in your ‘custody’ (immediate physical possession) or ‘control’ (going to do something with the drug, like consume or share it), and that you knew you had custody or control of the illegal substance. There are cases where both of these might not be true and you have been accused. While possession cases are easier to prove, there is a separate offence if you use or attempt to use prohibited drugs, or are caught in the act of consumption (smoking, snorting, injecting, etc). The same penalties apply to this charge.
The penalty for possession is 12 months in prison and/or a fine of $2,200. Drug possession is a summary matter and will be heard in the Local Court.
Supply is another name for ‘dealing’, and includes selling or giving away of drugs. Having a quantity of illicit substances over and above that of personal consumption (‘Small Quantity’) will make you guilty of ‘deemed supply’. Further still, you can simply just offer to sell drugs, or dishonestly sell a legal substance as a drug (e.g. selling icing sugar as heroin), and you will legally be found guilty on supply charges. We will work with you to minimise any sentencing incurred if you are found guilty.
Supply and importation of illicit substances is an indictable offence, and is heard by the District Court.
It is illegal to have equipment with the intention of using it to consume drugs. The law is the same as possession in that there must be knowledge of the equipment and custody or control. It is an offence to sell a bong or ice pipe or their component parts, whether or not it was intended to be used to take drugs. Syringes do not constitute drug equipment, but lighters, spoons and tourniquets do.
Cultivating and manufacturing drugs
Growing cannabis is an offence at all stages of the plants growth from possessing seeds to harvesting. Defence can be mounted if you were unaware the plant was cannabis. It is also illegal to manufacture illicit substances of any kind, including synthetic drugs.
Altria’s drug lawyers can assist with all offences
Talk to Altria’s experienced criminal lawyers today about your particular situation. We will help represent you in court to minimise any penalties to the full extent of the law.
Assault and AVO lawyers
Assault can be charged as a crime by the police, or a civil wrong by the attacked, or both. If you have been the victim of or committed assault Altria can assist you in your case. In most cases of assault, the punishment will reflect the severity of the injury inflicted.
There are many ways an assault can be aggravated:
- Criminal record of similar offences
- Domestic violence
- Position of authority over the victim
- Serious injuries
- Using a weapon or an ordinary object as a weapon
- If in breach of bail or parole, or an AVO
Mounting a defence
There are several circumstances which if proven can dismiss or reduce assault charges. We will discuss the options with you based on the evidence gathered on the case. Defences include:
- Self-defence – Where you defended yourself or someone else, protecting property or restricted trespassing, or defended your or another’s liberty
- Accident – Where the assault was unintentional
- Duress – Assaulted in response to a reasonable threat
- Necessity – Where the assault was in response to a situation of imminent peril to you or another person
Altria’s assault lawyers can assist with all offences
Talk to Altria’s experienced criminal lawyers today about your particular situation. We will help represent you in court to minimise any penalties to the full extent of the law. If you are prosecuting a case we will work to protect you and seek the orders and damages you seek.
Domestic violence and AVOs
Domestic and family violence is violent, abusive or intimidating behaviour by a spouse or partner, carer or family member to control, dominate or cause fear. And it’s not just physical abuse but also includes emotional, psychological, financial and sexual abuse. An Apprehended Violence Order (AVO) is a restriction against an individual who makes you fear for your safety, to protect you from further violence, intimidation or harassment.
If you are served an AVO notice:
- It is important you show up to court, as an Order can be made against you in your absence, or an Interim Order.
- You can consent to the Order, and not have to go to the hearing. But bear in mind that if you breach the conditions of the Order you could be charged.
- If you oppose and wish to contest the application, then the case will be adjourned to a later date so you and the protected person can prepare your evidence for the hearing.
- You must comply with the specific conditions of any Order. If you are found guilty of contravening the AVO, then you could face a maximum 2 years in jail and/or a $5,500 fine, or a number of other punishments.
Criminal Law basics
Understanding your criminal matter broadly will help the context in which you have been charged and are defending yourself, or if you are prosecuting a matter.
Crimes vs. civil wrongs
A ‘crime’ is technically a wrong against the whole community and is punishable. An example would be going to jail for murder, because as a community at large our laws protect human life. Crimes are usually prosecuted by the state or Commonwealth.
A ‘civil wrong’ is against an individual which requires compensation or repayment. An example would be suing another individual or entity for damages. Civil wrongs are usually brought to court by an individual or entity, such as a company.
Seriousness of crimes
Lower level crimes are called ‘Summary Offences’, and are heard by a magistrate in Local Court. These include offences such as shoplifting, common assault and possession of small quantities of drugs.
More serious crimes are called ‘Indictable Offences’ and are heard by a judge and possibly a jury in the District or Supreme Court. These are more serious crimes such as manslaughter and drug dealing.
Get in touch with our criminal lawyers
If you are wanting more information or are not ready to fill out our Case Starter please send us a message about your criminal matter below.