Assault charges
There are several types of assault charges in NSW that extend from less serious to more serious assaults. It Includes and captures:
- Domestic Violence
- Common Assault
- Assault Occasioning Actual Bodily Harm
- Assaulting a Police Officer
- Recklessly Causing Grievous Bodily Harm (GBH) or Wounding
- Causing Grievous Bodily Harm or Wounding with Intent
Assault varies from non-physical contact with the intention to cause about the requisite fear of immediate and unlawful violence or physical contact with the use of unlawful physical force.
Penalties to assault charges
The maximum fine varies from $1,100 to $11,000 depending on the type of assault, the alleged facts and your situation in the particular case.
The maximum penalties range from 1 year to 25 years imprisonment.
The prosecution must prove each of the following elements, before you can be found guilty of an assault charge:
- That you caused another person to fear immediate and unlawful violence, or that you made physical contact with another person, and
- That the other person did not consent, and
- That your actions were intentional or reckless.
You must be found not guilty, if the prosecution cannot establish the elements to the assault offence.
Defences to assault
The most common defences to Common Assault are:
- Self-Defence- you acted to defend yourself or someone else from another person, or you were protecting property.
- Duress- where you were forced to undertake an act under the threat of death or serious harm to justify your actions.
- Necessity – where you acted to avoid/prevent death or serious injury to yourself or some other person.
- Lawful Correction – by way of disciplining your child.
Court options
If you believe you have defence and decide to plead not guilty in court for Assault charges we recommended that you first speak to our criminal defence lawyer before you enter a plea.
You also have the option to plead guilty, which requires proper preparation before the court date.
Our criminal defence team is here to support you while you go to court. We understand that being charged with Assault can be a stressful and tough experience.
We offer a free first consultation to discuss your legal options and the particulars of your case.
