Being charged with assault can be a difficult and stressful experience.
If you are considering appointing a lawyer to assist you, it is important that you speak to an experienced criminal lawyer that has the knowledge and track record in defending and winning assault cases. Our team at Conditsis Lawyers has the experience and expertise to ensure you get the best possible result.
There are a number of different types of assault assault charges including;
- Common assault
- Assault occasioning actual bodily harm
- Recklessly Cause Grievous Bodily Harm
Common assault in NSW is an offence under section 61 of the Crimes Act 1900.
A person can be charged with common assault if they have intentionally or recklessly applied force to another person.
Examples of common assault include:
- Kicking, punching or hitting a person
- Spitting on a person
- Threatening to cause harm to a person
The maximum penalty for common assault is two years in prison.
It is important if you have been charged with common assault that you speak to an experienced criminal lawyer for legal advice who can advise you on how to plead and whether there are defences available, such as duress, necessity or self-defence.
Assault Occasioning Actual Bodily Harm
Assault Occasioning Actual Bodily Harm is an offence under Section 59 of the Crimes Act 1900. It carries a maximum penalty of 5 years in prison and can have a significant impact on your life and future.
Some examples of Actual Bodily Harm injuries include bruises, scratches, cuts, grazes and swelling.
Conditsis Lawyers have been successful in defending a significant number of Assault Occasioning Actual Bodily Harm charges.
Recklessly Cause Grievous Bodily Harm
Recklessly causing grievous bodily harm (GBH) is an offence under section 35 of the Crimes Act 1900.
The offence carries a maximum penalty of 10 years’ imprisonment, or 14 years if the offence is committed in company.
Recklessly causing GBH is a “Table 1” offence, which means it can be dealt with in the Local Court unless the Prosecution or Defence elects to have the matter dealt with in the District Court. If the matter is finalised in the Local Court, the maximum penalty is 2 years’ imprisonment.
What are the penalties for assault?
The penalties for a charge of assault depend on the precise charge. If an offender enters a guilty plea or if the Court finds the offender guilty, the Court will consider recording a criminal conviction and other penalties. All types of assault carry a maximum penalty that can include imprisonment.