Hiii I need an advice, I m in new Zealand now M charged with assult with intent to injury, I gave a statement to the

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Customer: Hiii I need an advice
JA: What state are you in? It matters because laws vary by location.
Customer: I m in new Zealand now M charged with assult with intent to injury
JA: What steps have you taken so far?
Customer: I gave a statement to the police before and today I got arrested and this Friday I have to reach in district court and I told the police that we are friend and I don't have any intention to fight with him and I haven't done anything and it's the truth
JA: Anything else you want the Lawyer to know before I connect you?
Customer: On the same day we went to the market as well in the same car actually there was fight between two of my friends and I was departing them but one friend told to police that I also punched him two times which Iw not true
Answered by Chris The Lawyer in 4 hours 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

HiI am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
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Chris The Lawyer, Expert

You need to enter a not guilty plea and as the duty lawyer at court to hel do this and apply for legal aid
Customer
Hi chris
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Chris The Lawyer, Expert

You can get disclosure from the police which will tell you what evidence they have against you. You can give evidence at your trial to explain your side of what happened

Customer
what if the court makes a decision against me I m afraid as victim already told that I did punch on him
Customer
But to be honest I have not done anything upon him
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Chris The Lawyer, Expert

It is something where the judge will need to decide who is telling the truth at the trial

Customer
What could be the problem facing by me as I am student and on that incident victim got bruises and some wound on his mouth as he told that one of my friend did five punches and I did two punches so what could be the decision of judge as a punishment for this charge named assult with intent to injure
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Chris The Lawyer, Expert

Is this your first offence?

Customer
this is my first offenses
Customer
Charged upon me
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Chris The Lawyer, Expert

You may get diversion if this is your first offence. This means you do not get a conviction. When you go to court next you should ask the duty lawyer to help you get diversion and see if the police will agree

Customer
Is the two punches that I haven't done is prove by the victim as he has bruises and mouth wound as a evidence could make me a deportation from nz
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Chris The Lawyer, Expert

That may be a good reason to try for diversion, as you will not get a conviction and will not be deported

Customer
What if I didn't get diversion I could be deported by that false statement of two punches upon him
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Chris The Lawyer, Expert

You would certainly need to explain that to immigration, but it may not be serious enough for deportation. And if you do not get diversion you could apply for a discharge without conviction

Customer
This is my first offenses but I had fine to the police before upon driving without supervisor having learner license is this considered
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Chris The Lawyer, Expert

It will be on your record, but you could still apply for diversion

Customer
Is the two punches really a serious crime in nz that makes me deported I am really scared even though I haven't done this
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Chris The Lawyer, Expert

It is serious, but it may not be enough for deportation

Customer
how could I prove to the judge like I am innocent in this case just victim is still balming me
Customer
Blaming me
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Chris The Lawyer, Expert

Give clear and honest evidence

Customer
Just my friends are the evidence but he has some minor brushes and mouth bleeding which is the evidence for him although I did not did it
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Chris The Lawyer, Expert

Then you and your friends need to tell the truth to the judge and see who is believed

Customer
two punches is not enough for deportation as we all were drunk that day
Customer
Even if victim believes and if I did not prove the truth
Customer
after judge decides trial and found more evidence against me can I still make a diversion after trial and found guilty unfortunately
Customer
Tq for ur time really appreciate and I just want to know the last answer and thankyou for giving me real advice it means a lot for me
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Chris The Lawyer, Expert

No, you ask for diversion or defend. It’s one or the other
Customer
What if I did not ask for diversion and defend and I lost I may get more penalty of sentence
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Chris The Lawyer, Expert

Hi
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