Nick Kyrgios Getty 2022 US Open
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Australian tennis star Nick Kyrgios is charged with one count of common assault from an alleged incident in 2021 with a former girlfriend. Kyrgios' legal team is attempting to have the charge against him dismissed on mental health grounds.

There was a hearing this week in a court in Canberra, Australia which is Kyrgios' hometown. However, Kyrgios, who is currently competing in the Japan Open in Tokyo, was not required to attend. BBC reported that his lawyer, Michael Kukulies-Smith, sought to adjourn the case and have the 27-year-old athlete undergo a mental health assessment. The attorney reviewed "medical history since 2015, including public disclosures of his mental health struggles."

Kyrgios shared a post in February in which he admitted he had self-harmed three years earlier and had suicidal thoughts. He also admitted to abusing alcohol, drugs, and pushing his loved ones away as a result of not seeking help.

If convicted, Kyrgios faces a maximum sentence of two years in prison.

The Australian Capital Territory Crimes Act states that a case can be dismissed if the defendant has convinced the court that he/she is mentally impaired and there is evidence that supports the claim.

Magistrate Glenn Theakston adjurned the case until Feb. 3, 2023. Kyrgios will still not be required to attend, but his lawyer said the athlete will attempt to be there, per the Australian Broadcasting Corporation.

"My client's preference is to attend in person," Kukulies-Smith said.

Kyrgios is currently in No. 20 in the ATP rankings and has had a solid season that included a Wimbledon final in which he lost against Novak Djokovic. 

He is known for losing his temper during on the court. One of the most recent incidents happened at the US Open when he smashed two rackets in frustration after losing in the quarterfinals.