False Accusations – s 314 Crimes Act 1900 (NSW)


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Being accused of making a false accusation can be a devastating blow to your reputation and future.

If you feel that you have been wrongly accused of making a false statement, it’s important to get an experienced criminal defence lawyer on your side as soon as possible.

At Sydney Criminal Lawyers, we are passionate about protecting our clients’ innocence.

Our expert defence lawyers understand that being accused of making false accusations can create a heavy burden on your life and fight hard in every case to uphold justice.

Your Options

Pleading Not Guilty

If you have been charged with an offence in relation to the making of a false allegation, it’s important to get an experienced criminal lawyer on your side as soon as possible to prevent any damage to your reputation or future.

Our expert defence team has years of experience defending clients who have been charged with making false accusations and similar offences.

Our senior lawyers possess the knowledge and insight necessary to give you the best possible defence against the charges in these situations.

Often, we are able to have these types of charges dropped at an early stage by disputing the prosecution evidence or allegations, or by showing that the prosecution does not have enough evidence to prove that you committed an offence beyond a reasonable doubt.

Before you can be found guilty of any offence, the prosecution has to prove certain elements beyond a reasonable doubt:

  • That you knew that someone was innocent
  • That you made a false accusation about that person
  • That you intended them to be the subject of a criminal investigation

Our dedicated lawyers will carefully examine all material in order to identify problems with the prosecution case.

If the prosecution refuses to drop the charges early on, our outstanding advocates will fight to protect your innocence by raising all possible defences in court.

Examples of possible defences for these types of offences include:

  • Where you were coerced or threatened into the fraudulent conduct (duress)
  • Where you engaged in the fraudulent conduct to prevent serious injury or danger (necessity)
  • Where you accidently obtained a financial benefit that you were not entitled to because of an honest and reasonable mistake of fact

Pleading Guilty

Sometimes, you may simply want to accept the charges against you rather than fighting them in court.

In these cases, you may wish to enter a plea of “guilty” from the outset. You will then proceed straight to sentencing where the magistrate or judge determines the penalty to be imposed.

Pleading guilty at an early stage may in fact be beneficial to your case. This is because it will show the magistrate or judge that you have accepted responsibility for your actions and accordingly, they may be inclined to impose a more lenient penalty (known as a discount on sentence).

However, before pleading guilty, it’s important to speak to an experienced criminal lawyer who will be able to advise whether there is any way to fight the charges.

It’s also good to be aware of the maximum penalties that may apply in these cases.

The maximum penalty for making a false accusation is 7 years imprisonment.

It is important to remember that maximum penalties will only apply in the most serious cases.

Our advocates have an in-depth understanding of sentencing laws and will fight hard to ensure that you obtain the best possible outcome in your case.

The types of penalties that the court may impose include:

Why Sydney Criminal Lawyers?

At Sydney Criminal Lawyers, we understand how damaging it can be to be accused of making a false allegation.

In certain situations, you may act on information that you believe to be true.

It can therefore come as a shock to be charged with a criminal offence.

However, our expert defence team will fight to protect your innocence every step of the way.

We have considerable experience fighting and winning “false accusations” cases and consistently achieve better outcomes than other law firms.

Often, our experienced lawyers are able to have charges dropped by identifying problems with the prosecution evidence and raising these issues at an early stage.

Where the prosecution refuses to drop the charges, our lawyers will work with leading criminal barristers to obtain all relevant evidence and witnesses and present your case in the most compelling manner.

Our lawyers’ hard work and willingness to go the extra mile enables us to obtain outstanding results in these types of cases, time and time again.

We can also maximise your chances of getting the most lenient penalty possible should you wish to plead guilty to the charges.

Our lawyers are well versed in preparing and presenting sentencing submissions and will fight hard to ensure that you get the most favourable result.

For the best legal defence in your “false accusations” case, get in touch with us on
(02) 9261 8881 and book your FREE first conference
with our experts today.

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