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In New South Wales, the penalties for assault charges range from common assault (the least serious) to grievous bodily harm and attempt to choke (the most serious).
The majority of these offences are prosecuted under the Crimes Act 1900 (NSW). The category of offence you are charged with will depend on the nature of the conduct, the extent of any injury suffered by the victim and whether there are aggravating features such as the involvement of a police officer.
Whether it is a Local Court matter or a strictly indictable offence in the District Court, The Australian Legal Practice can advise you of your options and defend your rights from the earliest stage.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
Aggravated Assault
Aggravated assault is the most serious category of assault offence under the Crimes Act 1900 (NSW). It covers a range of conduct from assault causing actual bodily harm, to wounding, to causing grievous bodily harm.
The penalties reflect the level of harm caused, starting at 5 years imprisonment for actual bodily harm and rising to 25 years imprisonment for wounding or causing grievous bodily harm with intent.
Maximum penalties are also increased where the offence is committed in company. Each case is unique and early legal advice is vital to identify which charge applies and what defences are available.
Affray
Affray is a criminal offence under the Crimes Act 1900 (NSW). Affray occurs where a person or group uses or threatens unlawful violence in such a manner as would cause a reasonable person to fear for their safety.
Unlike some offences, affray may occur in a public or private place and a threat made by conduct alone (without words) is sufficient. The maximum penalty is imprisonment for 10 years.
Typical examples would be getting involved in nightclub brawls or street fights but the offence can occur in a number of situations. Depending on the facts there may be defences available such as self defence, duress and necessity.
Assault Police
Assaulting a police officer is a specific offence under section 60 of the Crimes Act 1900 (NSW). The charge covers a range of conduct directed at a police officer in the execution of their duty, including assault, throwing a missile, stalking, harassment and intimidation.
Penalties depend on the gravity of the conduct and whether it was committed during a public disorder event, from 5 years imprisonment for the base offence up to 14 years where grievous bodily harm is inflicted during a public disorder. Defences like self-defence, duress and necessity can apply on a case-by-case basis.
Attempt to Choke
Choking is one of the most serious assault related offences under section 37 of the Crimes Act 1900 (NSW) with a maximum penalty of 25 years imprisonment.
The offence is committed where a person attempts to choke, suffocate or strangle another person, or attempts to render another person insensible or unconscious or incapable of resistance with intent to commit or assist in the commission of an indictable offence.
This is a matter which is strictly indictable and can only be finalised in the District Court. It is frequently charged in relation to domestic violence matters and is regarded by the courts as an offence of considerable seriousness.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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