What you need to know if you’re facing assault charges

Convictions for assault carry the risk of imprisonment, fines, criminal records, restraining orders and  personal reputational damage. Even a “minor” assault can derail job prospects or immigration status.

If you are charged with assault,  it is important to understand these wider implications and secure early legal advice which can make a critical difference to how the case is managed.

What “assault” means under New Zealand law

Under the Crimes Act 1961, “assault” is widely defined. Assault includes applying or attempting to apply force (even indirectly) and can include threats to apply force. There are different types of assault depending on intent and severity. Examples of assault charges include

  • Common assault: this charge encapsulates minor altercations and is found in the Crimes Act as well as minor variant in the Summary Offences Act.
  • Male assaults female: a gender-specific charge that Courts treat very seriously.
  • Assault with intent to injure: is a serious charge given that intent is seen to be premeditated and or actions result in more serious harm.
Your rights if questioned or arrested for assault charges
  • The Police must tell you why you’re being held or arrested.
  • You have the right to talk to a lawyer privately before answering any questions, including free Police Detention Legal Assistance lawyers (PDLA) available 24/7.
  • Having provided your name and address details, you have the right to remain silent.
What you should do (and not do) during the process
  • Do not fight or physically resist arrest. Stay calm and comply but remember your rights.
  • Politely but firmly ask for your lawyer. Use the phone to call us or contact a PDLA lawyer.
  • Avoid making admissions or giving “warm-up” explanations to impress the Police.
  • Don’t delete or alter communications (texts, calls) that may become relevant but do let your lawyer know about them as soon as possible. 
Defence strategy and how a lawyer helps
  • Your lawyer will review the charge sheet, witness statements, and any video/mobile phone evidence.
  • We will consider what defences may be available. For example, whether the force was lawful, a reasonable mistake, or whether there was consent or justification.
  • If appropriate, we may negotiate a plea reduction (e.g. summary offence instead of a more serious one).
  • We also prepare mitigation if you are likely to plead guilty, in order to seek the lowest possible sentence.

CASE EXAMPLE: Able to secure our client with a history of violent offending and two current charges of assault on a person in a family relationship, electronic monitoring bail to a rehabilitation home. Bail addresses for violent offenders can be very difficult to secure, especially in the context of family violence.

CASE EXAMPLE: Client charged with assault to injure eventually had charges withdrawn by the Crown when we were able to show after much investigation, categoric evidence that the client was acting in self-defence.

If you need an Auckland criminal lawyer for assault charges, contact Bloem Law.