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Assault
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.
What does assault police mean?
Under section 60 of the Crimes Act 1900 (NSW), a charge of assault police encompasses actions including:
- assaulting,
- throwing a missile at,
- stalking,
- harassing or
- intimidating
a police officer while in the execution of the officer’s duty.
The maximum penalty for the offence varies depending on the severity of the assault.
Below is a table with the types of offences you may be charged with and their maximum penalties.
| Offence | Crimes Act 1900 (NSW) | Maximum Penalty |
|---|---|---|
| Assault, throw missile at, stalk, harass or intimidate | s60(1) | 5 years imprisonment |
| Assault, throw missile at, stalk, harass or intimidate during public disorder | s60(1A) | 7 years imprisonment |
| Assault occasioning actual bodily harm | s60(2) | 7 years imprisonment |
| Assault occasioning actual bodily harm during public disorder | s60(2A) | 9 years imprisonment |
| Wound or inflict grievous bodily harm | s60(3) | 12 years imprisonment |
| Wound or inflict grievous bodily harm during public disorder | s60(3A) | 14 years imprisonment |
What are defences to a charge of assault police?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of assault police if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with assault police
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 police assault is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What does stalk/intimidate mean?
Section 13 of the Crimes (Domestic and Personal Violence) Act 2007 provides a charge of stalking or intimidation as actions that intend to cause another person to fear physical or mental harm.
The maximum prescribed penalty is 5 years imprisonment, 50 penalty units, or both.
A stalk/intimidate charge is often coupled with domestic violence related offences.
You may be charged with stalk/intimidate if:
- You repeatedly make phone calls, send texts or direct messages
- Make threats to a person or their family
- Constantly attend a person’s residence or place of employment
What are the defences to a charge of stalk/intimidate?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of stalk/intimidate.
It is best to contact our legal specialist at the Australian Legal Practice at (02) 8084 9929 for personalised advice.
Options when charged with stalk/intimidate
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 stalk/intimidate charge is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What does a charge of documents containing threats mean?
Section 32 of the Crimes Act 1900 (NSW) defines the offence as:
A person who intentionally or recklessly, and knowing its contents,
- sends or delivers, or
- directly or indirectly causes to be received,
- any document threatening to kill or inflict bodily harm on any person
The maximum penalty is 10 years imprisonment.
It is important to note that it does not matter whether the intended recipient received the document.
What are the defences to a charge of custody of documents containing threats?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of sending or delivering documents containing threats.
It is best to contact our legal specialist at the Australian Legal Practice at (02) 8084 9929 for personalised advice.
Options when charged with documents containing threats
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 sending or receiving documents containing threats is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
What is a police pursuit?
You may be charged with a police pursuit offence if, as under section 51B of the Crimes Act 1900 (NSW) you:
- knew or suspected that police officers were in pursuit of your vehicle and that you were required to stop the vehicle, and
- did not stop the vehicle, and
- drove your vehicle recklessly or at a speed or in a manner dangerous to others
The maximum penalty for a first-time offence is 3 years imprisonment. If it is your second or subsequent offence the penalty increaser to 5 years imprisonment.
What are defences to a charge of police pursuit?
On a case-by-case basis, our criminal lawyers at the Australia Legal Practice may be able to defend a charge of police pursuit if:
For example,
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with police pursuit
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 police pursuit is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal 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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