Have You Been Charged with Being Armed with Criminal Intent in Victoria?
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If you’ve been charged with Being Armed with Criminal Intent, it’s important to consult a specialist criminal lawyer immediately. This serious offence carries a maximum penalty of 5 years’ imprisonment, so having proper legal representation is crucial to preparing your case and ensuring you’re equipped to handle the process.
What is Meant by Being Armed with Criminal Intent?
The offence of Being Armed with Criminal Intent is provided for under section 31B of the Crimes Act 1958 (Vic) (“CA”). It occurs when a person possesses the required criminal intention to commit an offence while being armed with a dangerous weapon.
Police Interview
If you are alleged to have been armed with criminal intent, you will be asked to attend a formal police interview, which is recorded for the purpose of collecting evidence and deciding whether or not to formally charge you. By this point, the police will have conducted an investigation and collected evidence against you.
Before the interview, you’ll be given the opportunity to contact a lawyer for legal representation. We can provide confidential legal advice to address any concerns you may have, such as:
- What to expect during the interview
- Whether you should answer all police questions
- Whether to provide DNA evidence
- What information you are and are not legally obligated to provide
MK Lawyers can help you prepare for this process and ensure that you do not compromise any potential defence you may later present in court. Police are skilled at extracting admissions, so having legal support throughout the interview can ease your apprehension and give you the best chance of success.
Questions to Consider Before Pleading Guilty or Not Guilty
When determining whether you have a strong defence against the charge, consider the following:
- Should you plead guilty or not guilty?
- Did you intend to commit an offence?
- Were you in possession of a real or imitation weapon?
- Is there a co-accused involved?
- What options are available to reduce your penalty?
- Is there a valid defence that could argue your innocence?
- Should you subpoena relevant material from the prosecution?
What needs to be Established
To be convicted of Being Armed with Criminal Intent, the prosecution must prove, beyond a reasonable doubt, the following:
- You had criminal intent to commit an offence.
- You were armed with a weapon at the time.
What constitutes a weapon?
- A firearm
- An imitation firearm
- An offensive weapon (such as a knife)
- A prohibited weapon
- A controlled weapon
- An explosive
- An imitation explosive
For a conviction, the weapon must have been readily available for use. If it was packed away in a sealed bag or if you were unaware of the weapon’s presence, this may not satisfy the elements of the offence.
Where Will My Case Be Heard?
Most cases involving Being Armed with Criminal Intent are heard in the Magistrates’ Court of Victoria.
Defences
If you intend to plead not guilty, the defence strategy will depend on the specific circumstances of your case. Every case is unique, requiring an individualised approach.
Possible defences may include:
- Denial of being armed with a weapon or possessing criminal intent
- Self-defence: arguing that the offence occurred in circumstances where you needed to protect yourself. This requires:
- A proportionate response to the threat
- Acting under duress or necessity
- Alibi: demonstrating that you were in another location at the time the offence occurred
- Mistaken identity: disputing the facts, or showing that witnesses incorrectly identified you as the perpetrator
The criminal lawyers at MK Lawyers will carefully review the evidence and allegations to determine whether there are merits to contesting the charge. By engaging with an expert early, you increase your chances of mounting a successful defence.
Considerations When Sentencing
If you are found guilty, courts will weigh several factors when determining an appropriate penalty, including:
- The nature and gravity of the offence
- Your precise role in the offence and your criminal history
- Whether the offence carries a mandatory or standard sentence
- The level of planning involved
- The type of weapon used and how it was employed
- The injuries or damage caused to the victim
- The location of the offence and its impact on the victim
Individuals with a criminal history or those involved in carefully planned or hate-motivated crimes will likely face harsher penalties.
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What happens next?
Given the risk of imprisonment, it is vital to engage a criminal lawyer as soon as possible to explore your options for challenging the charge or achieving a more favourable outcome.
At MK Lawyers, our expert criminal lawyers will advocate on your behalf, ensuring the court is fully aware of the context surrounding your situation, rather than relying solely on the prosecution’s case.
For expert advice, call MK Law on 1800 130 120 and speak to one of our experienced criminal lawyers today.
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