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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22304
Experience:  New Zealand qualified lawyer with 37 years of experience.
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I was charge with comm assault (domestic) cr act (manually)

Customer Question

i was charge with comm assault (domestic) cr act (manually) crimes act 1961 section 196
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.
How can I help with this? Would you like a lawyer recommendation? Do you need to know the likely sentence or do you want to defend the case?
Customer: replied 8 months ago.
i want to know the likely sentense?
Expert:  Chris The Lawyer replied 8 months ago.
There are a number of factors which affect the sentence. For example, if you plead guilty at an early stage, you are entitled to a discount in any sentence. If you attend family violence counselling or drug and alcohol counselling, if these are factors in the offence, the judge will recognise this also. The maximum sentence under this section of the Crimes Act is 12 months jail but if you are appearing in court for the first time you are unlikely to get a jail sentence.
Expert:  Chris The Lawyer replied 8 months ago.
The other factor is the seriousness of the assault. if there was only a minor assault then you are likely to get community workSo if you go to the judge and tell him that the assault was not serious, that you have attended counselling and this is your first appearance, you are most unlikely to get jail but will very likely get 50to a 100 hours of community work
Customer: replied 8 months ago.
is the bail payable by money or no?
Expert:  Chris The Lawyer replied 8 months ago.
You dont need to pay any money to get bail. You apply at court, and there are standard terms about not contacting the other party and usually other terms. But no money is needed.
Customer: replied 8 months ago.
actually the real scenario was just we where drinking and had a very small argument which leads me to slap him. im not even sure if his the one who complained because he told my friend his not filing any charges?
Customer: replied 8 months ago.
so now im under bail till my next court hearing on the 20 th next month. can i do normal things like im supposed to do. because im a student here in newzealand and im doing casual work? does the senteces of the court applies to all nationality because im a filipina. and do you also think it will be a great imoact that i cant apply again on my next term student visa??
Expert:  Chris The Lawyer replied 8 months ago.
If you are on a student visa you should apply for legal aid and ask your lawyer about getting a discharge without conviction. Otherwise this could affect your visa when you apply for the next extension. You can apply for legal aid at the court. You can also use your own lawyer if you can afford this.
Customer: replied 8 months ago.
do you have any idea how much woud it cost me to get a lawyer?? for this case??
Expert:  Chris The Lawyer replied 8 months ago.
This could cost $2 to $3000 I have been told by colleagues. Do you need some names? I would need to know your city
Customer: replied 8 months ago.
christchurch
Expert:  Chris The Lawyer replied 8 months ago.
Try one of these James Rapley http://www.bridgesidechambers.co.nz/barristers/james-rapleyElizabeth Bulger http://www.riverlandschambers.co.nz/Members/Elizabeth-Bulger.htmlBoth are very experienced
Customer: replied 8 months ago.
in my case how much do you think would they charge me for this?? can i bring my own lawyer when ill go again in court??
Expert:  Chris The Lawyer replied 8 months ago.
I think those fees I suggest are more or less what will be quoted, but do ask for a quote. You are free to use your own lawyer of course at the next hearing.
Customer: replied 8 months ago.
one more thing does it help if the complaint will not file charges against me? i mean if he will tell them that his not really filing charges. because in the fist place he was not even the one who complained.
Expert:  Chris The Lawyer replied 8 months ago.
The police can call evidence from someone else in this matter even if the complainant doesnt give evidence. But you can certainly get your lawyer to discuss this with the police and possibly point out their problems and ask them to withdraw the case.
Customer: replied 8 months ago.
Even before the hearing can I do the normal things that I used to do before?
Expert:  Chris The Lawyer replied 8 months ago.
Yes, although if there are terms of your bail not to contact the complainant or witnesses you must comply.
Customer: replied 8 months ago.
the legal aid in the court is it the same help they can give me. just like the private lawyer
Expert:  Chris The Lawyer replied 8 months ago.
They can help, but sometimes they are fairly junior.
Customer: replied 8 months ago.
The charge without conviction you told me? do you think i can get that if ill get one lawyer? because i really dont want it in my record.
Expert:  Chris The Lawyer replied 8 months ago.
You should try, because if you get a conviction Immigration may deport you
Customer: replied 8 months ago.
what about the community service that you told me? is my case really that huge for them to actually deport me?
Expert:  Chris The Lawyer replied 8 months ago.
Its a Crimes Act conviction, and they have deported people before on being convicted. The community work is a sentence you would get on being found guilty or pleading guilty. Its what you would get if the judge rejected your discharge application
Customer: replied 8 months ago.
can you please tell me whats your best advice with my situation??
Expert:  Chris The Lawyer replied 8 months ago.
You should see a local lawyer and get them to discuss the issues with the police, and see if the charge has to continue and if you need to apply for a discharge

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