If you have been charged with assault, including: Assault occasioning ABH, Common Assault, Reckless Wounding or Reckless Grievous Bodily Harm, Szabo & associates can help. Contact us today for expert representation from criminal lawyers based in Surry Hills, Sydney.
Charged with Assault in NSW?
Assault is the act of intentionally or recklessly placing another person in a state of fear of immediate violence. Contrary to popular belief, the offence of assault need not include a physical component such as the use of force or violence. Nor does the victim need to suffer any injury. In the vast majority of cases, however, some violence such as punching, kicking, pushing or striking is present.
There are several variants of the crime of assault, each carrying different penalties.
Common Assault is the act of striking, touching, applying force to, or threatening another person with violence intentionally or recklessly. It must also be done without consent and without a lawful excuse.
Common Assault carries a maximum penalty of up to two years imprisonment. The court also has a range of other disposals available to it:
- Section 10: common assault proven but dismissed
- A Fine
- Good behaviour bond
- Community service order (CSO)
- Suspended sentence
- Intensive correction order (previously periodic detention)
- Periodic detention
Assault Occasioning Actual bodily Harm and Assault Occasioning Grievous Bodily Harm
Assault occasioning actual bodily harm an assault, as defined above, which results in some actual harm to the victim. The maximum sentence for Assault Occasioning ABH is 5 years, and Assault Occasioning GBH carries a maximum fine of 7 years. Again, the range of disposals listed above is available to the court.
Assaulting a police officer in the execution of their duty is also a recognised form of the offence of assault, and this carries a penalty of up to 5 years imprisonment. The maximum sentence for assaulting a police officer in the course of his or her duty is 12 years, if grievous bodily harm is inflicted.
Defences to a charge of assault
There are defences available to a person accused of assault. These include self-defence, duress and necessity. The courts place a high bar on these defences and what might seem like self-defence to the ordinary person may cut no ice with the court. As such, you should take expert legal advice from Szabo & Associates criminal defence solicitors at the earliest opportunity after you have been charged.
Criminal Defence Lawyers Sydney & NSW
If you have been charged with assault, contact our solicitors today on 02 9281 5088 or book a consultation.