Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Assault allegations are serious and can involve severe penalties. All forms of assault can carry a criminal conviction. Having a criminal conviction may have a significant impact on your life, affecting job prospects and opportunities to travel overseas. It’s imperative to seek legal advice from Morrisons straight away if faced with an assault charge.
You do not have to cause bodily harm or grievous bodily harm to be guilty of an assault charge. The maximum penalty for a common assault charge (an assault not occasioning any injury) in NSW is up to 2 years imprisonment.
In the case of an assault occasioning death, heavier penalties will apply. NSW one-punch laws means that if you assault someone and they die as a result, you can face a prison term of up to 20 years. If you were intoxicated, a mandatory minimum sentence of 8 years applies, with a maximum of 25 years imprisonment.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
There are many forms of assault as outlined in the Crimes Act 1900 (NSW). Some examples of acts that may be an assault include:
Each assault charge varies in severity, with penalties ranging from fines to lengthy prison terms depending on the nature of the offence.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
Like all criminal charges, the penalties will vary depending on whether the case is finalised in the Local or District Court. Some of the penalties for common offences are as follows:
| Offence | Maximum penalty |
| Common Assault | Local Court: $5,500 or 2 years imprisonment
District Court: 2 years imprisonment |
| Assault Occasioning Actual Bodily Harm | Local Court: $5,500 or 2 years imprisonment
District Court: 5 years imprisonment |
| Reckless wounding | Local Court: $11,000 or 2 years imprisonment
District Court: 7 years imprisonment |
| Recklessly cause GBH | Local Court: $11,000 or 2 years imprisonment
District Court: 10 years imprisonment |
| Affray | Local Court: $11,000 or 2 years imprisonment
District Court: 10 years imprisonment |
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
There are a number of defences to assault charges and the strategy for such defences can vary depending on the circumstances of your case. Some of the common defences include:
| Self-defence | If you acted to protect yourself, someone else, or your property. |
| Duress | This defence requires the criminal acts to be because of threats of death or really serious injury to you or a member of your family – and the nature of those threats are such that a person of ordinary firmness, of same maturity and sex, and in your position – would have given in to them and committed the crime demanded of them. |
| Necessity | This defence requires that:
|
| Lawful correction | A defence used when a person lawfully disciplines a child within reasonable limits. This is available to parents or people acting as a guardian. |
| Automatism/involuntary actions | It is a defence if your actions were not voluntary, such as sleepwalking or some other uncontrolled act. This does not include self-induced intoxication. |
If a defence is successful, or if the police have not proven each element of the charge beyond reasonable doubt, then the charge would be dismissed.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
The team at Morrisons can help you navigate an assault charge and provide you tailored advice. Our expert assault and domestic assault lawyers have experience defending a range of assault charges and can provide crucial information to those seeking legal help.
If you have been charged with an assault offence, then you should contact Morrisons as soon as possible. Call us now for a free initial consultation.
Reach out to us today for a free 30 minute consultation and let our experienced lawyers guide you through the intricacies and provide dedicated representation.
