Summary
Assault charges in New Zealand are serious and can result in severe penalties, including imprisonment. Section 194A pertains to male assaults female, carrying a maximum penalty of 2 years imprisonment. Even if the victim does not wish to press charges, the police can proceed based on evidence such as CCTV footage. Courts may be more lenient for first-time offenders, potentially opting for a community-based sentence. Legal representation is crucial to navigate the legal process and argue for a more lenient sentence.Full Conversation
I am in New Zealand
Hi ****! Thanks for providing your location. Could you please share some details about your legal issue so I can assist you better?
So me and my girlfriend had a argument in the city near her accomodation and the argument got heated and I assaulted her
I'm sorry to hear about the situation, ****. In New Zealand, assault charges are taken very seriously. Here are some key points:
- Assault can lead to criminal charges.
- Penalties range from fines to imprisonment, depending on the severity.
- Legal representation is crucial.
Have the police been involved, or has any legal action been initiated?
later police came and checked CCT**** footage and charged me with section 194a
Thank you for sharing the details, ****. In New Zealand, Section 194A pertains to male assaults female, which is a serious offense. Here are some key points to consider:
- **Maximum Penalty**: The offense carries a maximum penalty of 2 years imprisonment.
- **Legal Advice**: It is crucial to seek legal representation.
Would you like information on how to find a lawyer or the nearest court?
My girlfriend didn’t want to press any charges against me but police said they have evidence and charged me
I'm sorry to hear about your situation, ****. In New Zealand, the police can proceed with charges even if the victim doesn't want to press charges if they have sufficient evidence. Here are some key points:
- **Police Discretion**: Police can charge based on evidence such as CCT**** footage.
- **Legal Representation**: It's crucial to get a lawyer for your defense.
Would you like information on how to find a lawyer or details about the nearest court?
But my girlfriend said that he can come to court and say that she forgive me and don’t want me to go to jail
Hi ****,
In New Zealand, even if your girlfriend wishes to forgive you and doesn't want you to go to jail, the decision to proceed with charges lies with the police and the court. Here are some key points:
- ******ictim's Statement**: While your girlfriend can make a statement in court, it may not dismiss the charges.
- **Police Evidence**: The court will consider the police evidence.
- **Legal Representation**: Having a lawyer is crucial to navigate the legal process.
Would you like information on how to find a lawyer or the nearest court?
Will I get jailed or will I get community based sentence
Hi ****,
The outcome of your case will depend on various factors, including the severity of the assault, your criminal history, and the court's assessment of the evidence. Here are some key points:
- **First Offense**: If it's a first offense, you might receive a community-based sentence.
- **Aggravating Factors**: Severe injuries or prior convictions may lead to imprisonment.
- **Legal Representation**: A lawyer can help argue for a more lenient sentence.
Would you like information on how to find a lawyer or details about the nearest court?
It is my first offence
Thank you for confirming that it is your first offense, ****. Here are some key points to consider:
- **First Offense**: Courts may be more lenient if it's your first offense, potentially opting for a community-based sentence.
- **Sentencing Factors**: The court will consider the severity of the assault, any injuries, and your behavior since the incident.
- **Legal Representation**: A lawyer can help argue for a more lenient sentence.
Would you like information on how to find a lawyer or details about the nearest court?
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