Assault Charges
Experienced Assault Lawyer
Have you been charged with an assault offence in New South Wales?
Facing the police and the court system can be an overwhelming experience. With the potential for significant penalties and a permanent criminal record, obtaining expert legal advice is the most important step you can take to protect your future. An experienced criminal defence lawyer provides the knowledge and representation necessary to navigate the NSW judicial system and work towards the best possible outcome.
What constitutes assault in NSW?
While the general concept of assault involves offensive or harmful contact, legal definitions vary between Australian states. In New South Wales, assault is primarily governed by the Crimes Act 1900. It is broadly defined as any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence, or where they use unlawful physical force against another.
This definition covers a wide range of actions, from a simple threat that creates fear to physical contact that results in serious injury. Because assault charges are serious and often lead to criminal convictions, seeking immediate legal counsel is imperative.
Possible Assault Defences
To secure a conviction for assault in New South Wales, the prosecution must prove beyond a reasonable doubt that the offence was committed. A skilled defence lawyer will evaluate the specific circumstances of your case to determine if a valid legal defence applies.
Self Defence
Self-defence is the most common justification used in assault cases. Under section 418 of the Crimes Act 1900, a person is not criminally responsible for an offence if they believe their actions were necessary to defend themselves or another person. For this to be successful, the court must find that the response was a reasonable way to act in the circumstances as the person perceived them.
Duress and Necessity
Other potential defences include duress, where a person is forced to commit an act due to a threat of death or serious injury, and necessity, where the act was committed to prevent a greater harm from occurring. The applicability of these defences depends heavily on the evidence available and the immediacy of the perceived threat.
Different Types of Assault
Common Assault
Governed by section 61 of the Crimes Act 1900, common assault is the most frequent charge heard in NSW Local Courts. It involves situations where no physical injury is sustained, or the injury is very minor. This can include actions like a push, a swing that misses, or even a verbal threat that causes someone to fear immediate violence. Common assault carries a maximum penalty of two years imprisonment.
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (AOABH) is a more serious charge that applies when the victim suffers injuries that are more than merely transient or trifling. This typically includes injuries such as deep bruising, lacerations that require stitching, or psychological harm that is more than just fear or panic. Under section 59, this offence carries a maximum penalty of five years imprisonment, which can increase if the offence was committed in the company of others.
Serious Assault
NSW law provides harsher penalties for assaults committed against specific classes of people, such as police officers, healthcare workers, or other public officials performing their duties. These charges are treated with increased severity by the courts to protect those providing essential community services.
Sexual Assault
Sexual assault involves any non-consensual sexual activity. Under section 61I of the Crimes Act 1900, it is defined as a person having sexual intercourse with another person without their consent while knowing the other person does not consent. The legal definition of sexual intercourse is broad and includes various acts. This is a strictly indictable offence with a maximum penalty of 14 years imprisonment.
Grievous Bodily Harm (GBH)
Grievous bodily harm (GBH) is the most severe form of non-fatal physical assault. It involves causing a "really serious" injury. This includes the destruction of a foetus, permanent or serious disfiguring, and any transmission of a grievous bodily disease. Because of the life-altering nature of these injuries, GBH charges carry heavy sentences, often ranging from 10 to 25 years depending on whether there was a specific intent to cause that level of harm.
Contact an experienced Assault Lawyer
If you or a loved one is facing an assault charge in New South Wales, you need a legal representative who understands the intricacies of the Crimes Act and the NSW court expectations. Professional legal guidance ensures your side of the story is heard and your rights are protected throughout the legal process.
David is well respected by his peers for his thorough understanding of criminal law and ability to provide clear, concise legal advice in his practice areas. He is available to appear in all State and Federal courts in Australia, whether Local, Magistrates, District or Supreme and is happy to represent clients Australia-wide. If you have any queries or have been accused of a criminal offence:.
David Cole is a criminal law barrister who represents his clients all throughout Australia.
Contact David Cole for expert legal representation & advice.