Attempt To Choke – s 37 Crimes Act 1900
Holding a proven track record and specialisation in getting charges of attempt to choke dropped early and proving their client’s innocence, our Sydney team of senior criminal defence lawyers know exactly how to maximise your chances at getting the best possible outcome in and out of court.
Your Options in Court
PLEADING NOT GUILTY
You can be found guilty to a charge of attempt to choke if police can prove beyond reasonable doubt, each of the following:
- You attempted to choke, suffocate or strangle another person; or
- You used any means calculated to achieve this, attempting to cause the other person to be unconscious or be incapable of resisting, and
- You intended to commit an indictable offence or you intended to assist any other person to commit an indictable offence. Example of an Indictable offence can be, assault occasioning actual bodily harm, sexual assault or murder
You will be found not guilty and your charge dismissed if any one of the above elements of this charge is not proven by police.
Defences to this charge
You will be found not guilty to this charge if any one of the following defences apply to you:
- Self defence: Where you did this because you believe it was necessary to protect yourself, another person or your property, and where your actions were reasonable in the circumstances as you perceived it at the time.
- Intoxicated from drugs or alcohol: Where you were so intoxicated from drugs or alcohol, or both, that you were unable to form the intention to commit an indictable offence such as sexual assault, murder, assault occasioning actual bodily harm etc.
- Mistaken identity: where you were mistaken for committing the offence when it was someone else who did it.
- Duress or necessity
For realistic and practical advice on whether you have a strong defence, and how to strengthen it at an early stage, speak to one of our experienced senior lawyers now.
If pleading guilty to a charge of attempting to choke, it’s important to get experienced advice as early as possible from a senior lawyer on the best way to prepare your case to avoid a criminal record. Our senior lawyers have achieved this on countless occasions for over 20 years. See below for tips and information on how to best prepare for your case.
25% discount on punishment
You can receive a discount on your punishment of up to 25% if you plead guilty to a charge of attempt to choke at an early enough stage of your case, resulting in a more lenient outcome. A plea of guilty can also reflect your remorse and contrition which can also cause a more lenient outcome.
It is critical to obtain experienced realistic advice as early in your case as possible so that you don’t miss out on getting the full 25% discount. The later you enter the plea of guilty, the less discount you are entitled to.
Good character references
A well drafted good character reference letter can portray you in a much better light to the Judge reading it, allowing the judge to realise your otherwise good character and give you a lighter punishment with a much better outcome.
Our senior lawyers will guide you through the process in getting a powerful character reference. You can get a character reference from a family member, friend, employer or work colleague, charity or even a letter of apology from yourself expressing your remorse, contrition, shame, insight and your otherwise good character. This will allow the Judge some insight into you and allow further leniency to your case.
Negotiate to drop charges
The charge of attempting to choke can and often has been dropped by police on countless occasions through tactful and thorough negotiations with the police. Our team of senior lawyers specialise in this area and have achieved a proven track record of success for over 20 years.
To maximise your chances at succeeding in this, an experienced senior lawyer should carefully analyse the police evidence, pick out all the holes in it before strategically approaching police with this knowledge.
The police will have drafted a set of facts to give to the Judge expressing your actions in committing this offence, including the injuries caused to the victim. As this is drafted by police, it is often one sided with inaccuracies and omissions painting you in the worst light to the Judge, usually causing a heavier punishment.
Before giving the Judge the police version of facts, you can negotiate and change the facts to reflect what really happened, and how it happened, painting you in a much better light likely to result in a much more lenient punishment. Our senior lawyers have a very high rate as success in this by pointing out the problems in the police evidence after a careful analysis of it.
A court report from a highly experienced and respected psychologist or Pyschiatrist expressing whether you were suffering a mental condition at the time of your actions, your remorse, insight and steps taken to be rehabilitated with treatment can significantly improve your court outcome by allowing a Judge to give you a much lighter punishment.
To maximise your chances at getting the best possible outcome, our senior lawyers will refer you to one of the top leading psychologist or psychiatrists in Australia to get a court report from. The report will be reviewed by a senior lawyer before it is given to the Judge.
The maximum punishment for an offence of attempting to choke is a term of imprisonment of up to 25 years.
Whilst there is a maximum, the Judges rarely give the maximum punishment, which is normally only given to the most serious of cases and offenders. There are many other options, other than prison, for a Judge to give you noted below.
Types of punishment
The Judge can give you any one of the following kinds of punishment depending on the information explained above and extent of your preparation:
- Section 10 non conviction.
- Section 9 good behaviour bond
- Community Service Order
- Section 12 suspended sentence
- Intensive Corrections Order
- Home Detention
- Full Time Imprisonment
To maximise your chances at getting the best, most lenient possible outcome, including section 10 non conviction, it’s critical to get highly experienced and early advice and preparation to powerfully present your case to the Judge by a team of leading Sydney criminal defence lawyers.