Assault
What is Assault?
There are various types of ‘Assault’ charges, including with or without causing injury to another person.
Penalties for this range depending on the severity of the offending alleged against you. It is vital you speak to a criminal defence lawyer who specialises in Assault charges, in order to maximise your chances of obtaining the best possible outcome.
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Our criminal defence firm has extensive experience in representing clients charged with Assault.
When to reach out to a criminal defence lawyer
It is important to speak with expert criminal defence lawyers who have experience handling and defending offences of this nature.
Our passionate criminal lawyers have experience in these cases and have been successful in securing favourable outcomes for our clients. We are available 24/7 to discuss your case in more detail.
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FAQ
What is Common Assault?
Common Assault is a criminal offence pursuant to section 61 Crimes Act 1900 (NSW).
Common Assault is where you have intentionally or recklessly caused another person to apprehend immediate and unlawful violence. The allegation can relate to a non physical or physical act.
It is worth noting that the prosecution do not allege any injuries with this particular assault offence.
What is Assault occasioning Actual Bodily Harm?
It is an offence under section 59 of the Crimes Act 1900 (NSW) to intentionally or recklessly cause actual bodily harm to another person.
When it comes to ‘actual bodily harm’, the injury sustained has to be more than merely transient or trifling. Examples of the injury include scratches, bruising and cuts.
What is Grievous Bodily Harm?
Grievous Bodily Harm relates to ‘permanent or serious disfigurement of a person, termination of a woman’s pregnancy or causing a person to contract a grievous bodily disease.
What is ‘Wounding’?
Wounding relates to the breaking of more than just the top layer of skin.
What do the police have to prove with a Wounding offence?
The prosecution are to prove beyond reasonable doubt the following elements:
- You engaged in conduct;
- That caused a serious injury including permanent or serious disfiguring, or the cutting of the interior layer of the skin;
- You knew or should have known at the time that the kind of physical harm done might be caused by that conduct.
Can I defend these charges?
Negligent Driving is where a person is deemed to have been driving ‘without the due care and attention reasonably expected of the ordinary prudent driver’.
What do the police have to prove with Common Assault?
The prosecution are to prove beyond reasonable doubt the following elements:
- You either struck, touched or applied force on another person, OR you acted in a non physical way that caused the other person to apprehend immediate and unlawful violence;
- That conduct was without consent;
- The conduct by you was intentional or reckless;
- You acted without lawful excuse.
What do the police have to prove with Assault occasioning Actual Bodily Harm?
In order to prove the offence against you, the prosecution are to prove beyond reasonable doubt the following elements:
- You assaulted a person;
- As a result of that act, that person sustained actual bodily harm.
What do the police have to prove with Assault occasioning Grievous Bodily Harm?
The prosecution are to prove beyond reasonable doubt the following elements:
- You engaged in conduct;
- That caused an injury to a person involving the cutting or breaking of the interior layer of the skin (eg split lip or broken bone); and
- You intended to cause that injury on the person.
What are the maximum penalties?
The maximum penalties vary as follows:
- Common Assault: 2 years imprisonment and/or a fine of $5,500.
- Assault occasioning Actual Bodily Harm: The maximum penalty for the offence is 5 years imprisonment.
- Assault occasioning Grievous Bodily Harm and Wounding: The maximum penalties for wounding and grievous bodily harm offences range between 10 to 25 years imprisonment depending on the seriousness.
Is there any benefit to Pleading Guilty?
On a Plea of Guilty at an early stage, you will receive a mandatory 25% discount on sentence, which is designed to reduce the seriousness of the penalty. If a Plea of Guilty is entered at a later stage, you may still receive some form of utilitarian discount.
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