Armed with Intent Criminal Defence Lawyers
Armed with intent to commit an indictable offence is an offence that our criminal lawyers are often able to beat or obtain sentences where no conviction is recorded. To beat these charges, we argue grounds of self-defence, that a person did not have possession of a weapon or where the person was armed but did not intend to commit an indictable offence.
A recent trend we have seen in this offence is that it is being alleged in a domestic violence context. We have recently seen increased incidences of spouses making up allegations and also self-harming. This is to compel the police to press charges against the partner. This can lead to immeasurable stress and Apprehended Violence Orders that prevent fathers, mothers and children from living together.
If you intend to plead guilty, our criminal lawyers have a proven track record of keeping our clients out of jail and also having no conviction recorded for armed with intent charges.
How do I beat a charge of Armed with intent?
You will be found not guilty of the offence of Armed with intent to commit indictable offence if the police cannot prove beyond reasonable doubt the following elements:
- You were armed with a weapon; and
- Intended to commit an indictable offence. A person intends an event if they decide to bring it about by their act or omission. And, if they foresee an event as the inevitable consequence of their act or omission, they intend to bring about that result even if was not the purpose of their act.
Armed in relation to a weapon or instrument, or an offensive weapon or instrument that is a dangerous weapon. This includes bearing or having the immediate physical possession of the weapon or instrument.
Possession of a weapon connotes an actual physical possession and not a constructive one. Weapons in the physical possession of one person may be held jointly with other persons unless they were ignorant of their existence.
Liability for possession of a weapon may be negated if you have a lawful excuse for possessing the weapon.
If you agree that you have committed the offence and the police are able to prove so it is best to plead guilty. You will normally receive a discount on your sentence, and it will demonstrate remorse and contrition. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge.
Armed with intent to commit indictable offence carries a maximum penalty of two years imprisonment in the Local Court and seven years imprisonment in the District Court. These maximum penalties are typically reserved for the worst offenders. Armed with intent to commit indictable offence is a serious criminal offence. If you are charged with it then you should contact our office immediately.
You can read about all the sentencing options that a court has, including having no conviction recorded.
Do I need references
We believe references are an extremely important part of a plea of guilty in court. Read about good character references and court processes.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Armed with intent offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Mr Correy represented a teenager charged with armed with intent. The allegation was that the teenager had ran up to another teenager who had been stabbed and held a machete over him before he was scared away by a good Samaritan. Mr Correy made representations to the police that the conduct amounted to a common assault and the armed with intent charge was withdrawn. The Magistrate declined to record a conviction.
Australian Criminal Law Group represented a man charged armed with intent following an allegation he approached his stepfather and threatened to stab him before the supposed victim fled. Under our cross examination the victim contradicted his police statement, his evidence in chief. By the end of cross examination, he refused to adopt any version he had given. Following the cross examination, we elected not to call any evidence. The Magistrate at Blacktown Local Court stated he did not need to hear from the prosecution lawyer or defence lawyer. He dismissed the charge finding the alleged victim was unreliable, untruthful and without credit. Our client was found not guilty.