What A Charge of Assault Means
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What is assault?
Under NSW law, there are two main categories of assault:
- Common Assault
- Aggravated assault
What is Common Assault?
A charge of common assault is less serious than its counterpart. It is usually dealt with in the local court, although the prosecution may choose to pursue the matter in the district court. The injuries suffered from a common assault are not as significant or severe as they would be in a charge of aggravated assault.
What is Aggravated Assault?
| Offence | Crimes Act 1900 (NSW) | Penalty |
|---|---|---|
| Common Assault | s61 | 2 years imprisonment |
| Assault occasioning actual bodily harm | s59 | 5 years imprisonment |
| Reckless wounding | s35(4) | 7 years imprisonment |
| Reckless wounding in company | s35(3) | 10 years imprisonment |
| Reckless inflict grievous bodily harm | s35(2) | 10 years imprisonment |
| Reckless inflict grievous bodily harm in company | s35(1) | 14 years imprisonment |
| Wound or inflict grievous bodily harm with intent to cause grievous bodily harm or resist arrest | s33(1)-(2) | 25 years imprisonment |
| Use or possess weapon to resist arrest | s33B(1) | 12 years imprisonment |
| Attempt to choke | s37 | 25 years imprisonment |
| Administer intoxicating substance | s38 | 25 years imprisonment |
| Assault causing death | s25A(1) | 20 years imprisonment |
| Assault causing death when intoxicated | s25A(2) | 25 years imprisonment |
| Assaulting a police officer in the course of duty | S60 | 14 years imprisonment |
What are defences to a charge of assault?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of assault if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Lawful excuse defence – If your actions were during an activity where there is an agreement to physical contact that may otherwise be perceived as violence, resulting in the lawful excuse defence. Such as, during sporting contests.
- Lawful correction – As a parent, your actions were in the lawful correction of your child, and the physical forced applied was only for a short period and did not harm the child’s head or neck.
Options when charged with assault
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of assault is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in assault charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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