Understanding assault charges

What is considered an assault?

An assault generally refers to an act that is either intentional or reckless and which causes another person to apprehend immediate and unlawful violence or applies physical force to another person without their consent.

Examples of conduct which constitutes an assault includes, but is not limited to:

• Hitting, punching, slapping, pushing, or kicking another person,
• Spitting on or towards another person,
• Throwing an item at a person, regardless of whether it actual hits their person,
• Physically restraining someone against their will, or
• Raising a closed fist or an open palm as if to strike another person.

Notably, in some cases, it does not need to be established that you had actual physical contact with another person. It may be sufficient if you have threatened another person with violence so as to cause that other person to fear imminent physical harm.

Assault charges can range from relatively minor matters to very serious conduct. Each of these categories will be explored below:

Common assault

It is an offence under s 61 of the Crimes Act 1900 (NSW) to either cause another person to apprehend imminent and unlawful violence or to apply actual physical force to another person without their consent.

A common assault is the least serious form of assault you may be charged with and it is often laid by Police if the alleged victim has not sustained any injury to their person or they have not sustained a significant injury to their person.

This offence is typically dealt with in the Local Court jurisdiction and it carries with it a maximum penalty of two years imprisonment and/or a fine of $5,500.00.

Assault occasioning actual bodily harm

An offence of assault occasioning actual bodily harm applies where an assault causes an injury to another person that is more than transient or trifling.

The injury need not be permanent. An offence of this nature is charged where the other person has sustained actual bodily harm such as bruising, cuts, redness, swelling, or other injuries which interfere with the victim’s health or comfort.

This offence is typically dealt with in the Local Court jurisdiction, and it carries a maximum penalty of two years imprisonment and/or a $5,500.00 fine.

The type of penalty which you may receive will vary upon the circumstances of the assault, the nature of any injury sustained by the other person, and whether the assault was committed in the company of others.

It is important to remember that an offence of this nature may be dealt with in a higher jurisdiction, such as the District Court of New South Wales, if it involves serious violence against another person or serious injury occasioned to another person. If your matter is being dealt with in the District Court, the maximum penalty may be increased to five years imprisonment.

Assault occasioning actual bodily harm in company

If you are found to have committed an assault which has occasioned actual bodily harm to another person, in the company of others, you may face more serious penalties. An offence of this nature carries with it a maximum penalty of seven years imprisonment.

Wounding and grievous bodily harm

Wounding involves the breaking of both the dermis and epidermis (inner and outer layer of skin).

Grievous bodily harm, on the other hand, is a very serious injury which involves a permanent or serious disfigurement of a person.

Examples of grievous bodily harm include, but are not limited to:

• Brain damage,
• Fractures,
• Severe scarring or burns, and
• Any other serious disfigurement.

It will usually have required the alleged victim to have undergone extensive medical treatment. The penalties for these offences are severe. The penalties range from 10 to 25 years imprisonment.

The type of penalty which you may receive will depend upon the circumstances of the assault, the extent of the injury sustained by the other person, your intent, and any other features which the Court deems relevant in the sentencing exercise.

Features in aggravation

There are certain features of an assault which may aggravate your level of offending and result in more severe penalties against you. Examples of factors which might aggravate an assault include:

• The assault involved the use of a weapon,
• You were in a position of trust or authority,
• The victim was vulnerable by virtue of their age, physical condition, or occupation,
• The assault occurred in the company of another person, or
• The assault involved gratuitous cruelty.

The Importance of Early Legal Advice

If you are under investigation or have been charged with assault, seeking legal advice as early as possible is essential. What you say to police, how you respond to the allegations, and the steps taken at the beginning of the case can significantly impact the outcome.

An experienced criminal defence lawyer can:

• Explain the charges and possible outcomes
• Advise you on whether to give a police statement
• Assess the strength of the prosecution’s case
• Prepare and present a strong defence
• Represent you in court and negotiate where appropriate

How We Can Help

Facing an assault charge can be stressful and overwhelming. Our role is to protect your rights, guide you through the legal process, and work toward the best possible outcome for your situation. We approach every case with discretion, professionalism, and a strong commitment to our clients. If you are dealing with an assault allegation or need legal advice, contacting a criminal lawyer early can make a crucial difference.