It is possible to go to jail. However, it is only likely for serious examples of this offence, or for offenders with lengthy criminal records. Before sentencing you to full time jail a court will also consider imposing an intensive corrections order.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt that you:
Were armed with a weapon or an instrument, and
Without lawful excuse, and
Had an intention to, or was committing, an indictable offence.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.
WE CAN HELP
We have successfully defended charges of armed with intent to commit indictable offence. In addition, we have had the charge withdrawn by negotiating with the police. However, if you wish to plead guilty, we will work with you to ensure you prepare a strong subjective case in order to seek leniency from the court.
Contact us today on 0421 700 497 for a free initial consultation.