Violent disorder offences are a serious public order offence that usually arises from group violence in public places. This includes fights outside licensed venues, street altercations or any incidents involving multiple people. This charge is often given in situations where they allege that a group uses or threatens violence, causing fear to members of the public.
Our criminal lawyers regularly represent clients charged with violent disorder offences and frequently resolve matters by way of dismissal, not guilty verdict or a non-conviction outcome. This would mean no criminal record is recorded.
What is a violent disorder offence?
Violent disorder is dealt with in section 11A of the Summary Offences Act 1988 (NSW).
The Act makes it an offence for three or more people to use or threaten unlawful violence, where their conduct causes one to fear for their safety. The offence can be committed in both private and public places.
A person can be charged even if they did not personally use violence, as long as they were involved in the group acting together.
Penalties for Violent Disorder
The maximum penalty for the offence is 6 months imprisonment and a $1,100 fine.
The penalty imposed will depend on factors such as the level of violence, the role played by the accused, and whether anyone was injured.
How do I beat a charge of violent disorder?
Common defence arguments include:
- You were not involved in the violence,
- You were present but did not participate,
- Self-defence,
- Insufficient or unreliable evidence,
- Mistaken identity.
Pleading Guilty
If you agree that you have committed the offence (and the police are able to prove so), it is best to plead guilty as you will normally receive a discount on your sentence, and it will demonstrate remorse and contrition.
Our solicitors have a proven track record of having offensive conduct charges dealt with by way of section 10, meaning no conviction will be recorded and you will have no criminal record.
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 court processes and how to write a good character reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for violent disorder offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here. To discuss your violent disorder charge, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.