Have you been charged with Being Armed with Criminal Intent?
If so, you will need to consult a specialist criminal lawyer.
There is a potential 5 year prison term for a finding of guilty to this charge, so it is important you are well-prepared. There are a number of things to consider if you have been charged with this offence.
Did you intend committing a crime? If so, were you in possession of a weapon, either real or imitation? Are you being charged as a co-accused?
These are the types of questions that need to be discussed prior to you telling the Court how you intend to plead.
Read below for further information on Being Armed with Criminal Intent.
The offence
Section 31B of the Crimes Act 1958
The prosecution must prove:
The defendant possessed criminal intent; and
The defendant was armed with a firearm, imitation firearm, prohibited weapon or controlled weapon.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Being Armed with Criminal Intent cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently.
Ensure that you don’t leave things until the last minute. The ability of your lawyer to undertake appropriate preparation is critical to the success of any matter.
If you have been charged with Being Armed with Criminal Intent call us today and speak to an experienced criminal lawyer.
The legislation
Section 31B Being armed with criminal intent
(1) In this section—
“controlled weapon” has the same meaning as in the Control of Weapons Act 1990 ;
“firearm” has the same meaning as in the Firearms Act 1996 ;
“imitation firearm” has the same meaning as in section 29 ;
“prohibited weapon” has the same meaning as in the Control of Weapons Act 1990 .
(2) A person who, with criminal intent, is armed with a firearm, an imitation firearm, a prohibited weapon or a controlled weapon is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
