Specialist Assault Lawyers and Violent Crime Defence
Your Freedom Deserves Our Expertise
Trusted & Recommended by Clients. LED by Accredited Specialists
4.6 – 120 Reviews
The O'Brien Advantage
Proven Track Record
We have successfully defended clients against various assault and violent crime charges, ensuring the best possible outcomes. Our victories demonstrate our unwavering commitment to protecting our clients' rights and freedoms.
Assault and Violent Crime Law Expertise
Our team has in-depth knowledge of assault and violent crime laws. We expertly navigate the complexities of the legal system to ensure the best possible outcome for our clients.
Personalised Approach
We understand every assault and violent crime case is unique. We take the time to understand your situation and tailor a strategy to achieve the best possible outcome.
Flexible Payment Options
We offer flexible payment plans to ensure you can access top-tier legal defence without financial strain.
Assault Lawyers and Violent Defence: Cases We Handle
Common assault
We provide robust defence strategies for clients charged with common assault, aiming to minimise penalties or achieve dismissals.
ASSAULT OCCASIONING ACTUAL BODILY HARM (ABH)
Our lawyers have extensive experience defending clients accused of ABH, focusing on protecting your rights and achieving the best possible outcome.
GRIEVOUS BODILY HARM (GBH)
We handle cases involving GBH, ensuring thorough and strategic defence to protect your freedom and reputation.
domestic violence
We defend clients against charges of domestic violence, working tirelessly to protect your rights and achieve the best possible outcome.
SEXUAL ASSAULT
We provide comprehensive defence services for clients facing sexual assault charges, ensuring a fair and just legal process.
OTHER VIOLENT CRIMES-
We handle a wide range of violent crime charges, including robbery, armed robbery, manslaughter, and murder, providing comprehensive defence services.
Protecting Your Rights: Actions We Can Take
At O’Brien Criminal and Civil Solicitors, our fraud defence team understands the urgency of safeguarding your freedom. Here are some ways we can help you:
Mitigation Strategies
We work to reduce charges and penalties through strategic negotiations and legal arguments.
Seeking Bail
Our lawyers are experienced in applying for bail and ensuring you have the best chance of being released while awaiting trial.
Negotiating Settlements
We aim to achieve favourable plea deals or dismissals through effective negotiation.
Litigating in Court
If necessary, we vigorously defend you in court to achieve the best possible outcome.
The most effective course of action depends on the nature of your case and the severity of the charges. Our lawyers will carefully evaluate all options and advise you on the path most likely to achieve your desired outcome.
Let us guide you through this difficult time. Contact the expert fraud lawyers at O’Brien Criminal and Civil Solicitors today for a free initial consultation or to book a 15-minute consultation with a member of our legal team.
Meet Our Assault and Violent Crime Defence Team
With over a decade of experience, our assault and violent crime defence team has made us one of Australia’s leading defence firms. Led by firm founder and Principal Peter O’Brien, our dedicated and enthusiastic team has defended clients in courts all over the country, including in the High Court of Australia.
No matter how big or how small your case, we will always provide you with clear advice and a roadmap to get the best result possible in the most economical way.
Peter O'Brien
Principal Solicitor
Stewart O'Connell
Senior Solicitor
Sidnie Sarang
Criminal Solicitor
Wilson Tighe
Criminal Solicitor
Elliot Rowe
Criminal Solicitor
Bethany Burns
Criminal Solicitor
Timothy Rayner
Criminal Solicitor
Matthew Hudson
Practice Manager
Mark Barnaville
Paralegal
Jackson Phillips
Paralegal
Our team at O’Brien Criminal & Civil Solicitors are led by Law Society Accredited Specialists in Criminal Law and in Civil Law. To become an Accredited Specialist, a practitioner must undergo a structured assessment process. This process requires the individual to utilise their existing knowledge and skills to demonstrate their competency and expertise in their chosen area of law.
The Assault & Violent Crime Matter Claims Process
1. Free Initial Consultation
If you are facing assault or violent crime charges, contact O'Brien Criminal and Civil Solicitors for a free consultation. Our assault and violent crime defence lawyers will assess your situation, explain your legal options, and discuss flexible payment options.
2. Investigating & Building Your Case
Your Case: Your lawyer will meticulously gather evidence and develop a strategic defence, which may involve negotiating with prosecutors or preparing for trial.
3. Communication & Updates
Your lawyer will keep you informed about the progress of your case, explaining legal processes in clear terms. You'll collaborate with your lawyer to review documents and make key decisions.
4. Pursuing a Resolution
Our lawyers will work tirelessly to achieve the best possible outcome – whether that involves negotiating a plea deal, getting charges dismissed, or representing you in court proceedings.
Remember: Assault and violent crime law is complex and seeking expert legal advice is crucial. Our experienced solicitors are here to guide you every step of the way and fight to protect your freedom.
What to Do if You've Been Charged with Assault or a Violent Crime
Being charged with assault or a violent crime can have severe implications for your freedom and reputation. Here’s what to do to protect your rights and build a strong defence:
- Stay Calm and Compliant
- Remain Silent: Politely inform the police that you wish to remain silent and request a lawyer immediately. Anything you say can be used against you in court.
- Cooperate with Police: Do not resist arrest or argue with the police. Remaining calm and compliant can help avoid additional charges or complications.
- Document Everything
- Record Details: As soon as possible, write down everything you remember about the incident, including the time, location, people involved, and any conversations with the police.
- Collect Evidence: Gather any evidence that may support your defence, such as photographs of injuries or the scene, medical reports, and contact information of any witnesses.
- Contact an Assault and Violent Crime Lawyer Immediately
- Seek Legal Advice: A specialist assault and violent crime lawyer will assess your situation, advise you on your rights, and develop a strategy to protect your interests.
- Understand Charges: Your lawyer will explain the charges against you, potential penalties, and your options for defence.
- Bail Application: If you are taken into custody, your lawyer can assist with applying for bail to secure your release while awaiting trial.
- Avoid Discussing Your Case
- Do Not Talk About Your Case: Refrain from discussing the details of your case with anyone except your lawyer. This includes family, friends, and cellmates, as statements can be used against you.
- Social Media: Avoid posting anything related to your case on social media, as these posts can be monitored and used as evidence.
- Prepare for Court
- Legal Representation: Ensure you have a competent lawyer to represent you in court. Your lawyer will guide you through the legal process, prepare your defence, and advocate on your behalf.
- Court Appearance: Attend all scheduled court dates. Failure to appear can result in additional charges and a warrant for your arrest.
- Know Your Rights
- You have the right to a fair trial, including the right to challenge evidence, call witnesses, and testify in your own defence.
- Right to Bail: You have the right to apply for bail, and your lawyer can help you present a strong case for your release.
- Act Quickly
- Timely Action: The sooner you contact a lawyer, the better your chances of building a strong defence and protecting your rights.
- Evidence Preservation: Swift action helps secure evidence and witness statements that are crucial to your defence.
Remember: Don’t face this alone. Let the assault and violent crime defence experts at O’Brien Criminal and Civil Solicitors guide you and fight to protect your freedom and future.
Voices of Justice: Client Reviews
Read what clients of O’Brien Criminal and Civil Lawyers have said in Google Reviews after we’ve helped clients restore their good names.
Wilson Tighe is the best criminal lawyer in Sydney. I highly recommended him not only for his highly competence in laws but also for his kindness and humanity. We thank him a lot for his help in our matter.
Used O'Brien solicitors for both of my criminal law cases which they managed to get all charges dismissed when I was looking down the barrel of 18 months jail. Then even more impressively ran my civil claim vs the police and I got a very good outcome and substantial pay out. Easy to talk to and actually listened and took my opinion into consideration which is a first. Highly recommend!
Dedicated, diligent and efficient! I had the good luck of being represented by O'Brien lawyers resulting in a favourable outcome. If you are looking for lawyers to represent you in a difficult criminal case, then look no further.
The quality of service provided far exceeded my expectations. The elegance and professionalism in which this firm conducts itself is to be admired. They don't treat you as just another client. I cannot recommend them enough for criminal and civil matters as they excel at both. Special thank you to Peter & Elle, I will never forget the impact this outcome has had on my life.
I recently had to engage the firm to represent me in a criminal matter. I initially liaised with Tim Rayner (criminal paralegal) who assisted with handling my case, whom I found to be professional and always responsive. Elliot Rowe (criminal solicitor) was assigned as my legal counsel. I highly commend Elliot for his consistently methodical and prudent handling of my case and his calm and patient demeanour, which provided some measure of reassurance to me during a particularly distressing period in my life.
I found myself facing the criminal justice system for the first (and hopefully only) time. Contacted O'Brien solicitors based on the number of positive reviews and was put through to Elliot. His patience with me was outstanding, helping me navigate and understand what lay ahead. Never felt rushed. He was very objective and not judgemental in any way. Gave me plenty of options which allowed me to arrive at a fair outcome. At sentencing he spent the whole day with me in court. I consider Elliot to be more an ally not just a lawyer. Can't recommend Elliot highly enough.
Me and my family have been working with O'Brien Criminal and Civil Solicitors in regards to representing us for criminal defence in two cases. In both cases our solicitor Wilson Tighe was professional, transparent and provided us with professional advice throughout the procedures. I highly recommend their services to others.
Sidnie was thorough, informative and well versed. Her dedication and attention to detail, and ability to force the truth to be seen, were the reason I got the result that I should have. Highly recommended her and this firm.
O’Brien Criminal and Civil Solicitors have been an outstanding service to me in both criminal and civil matters, if anyone or any organisation needs professional law support, this is an absolute dedication of people who have passionately studied and become experienced experts in getting results, thank you I am so grateful.
O'Brien Criminal and Civil Solicitors is hands down the most reliable, understanding and professional firm I have dealt with. Peter, Tim and Wilson have helped me and my family through the roughest time and were able to provide us with an amazing outcome. I would definitely highly recommend this firm to anyone that requires Solicitors that offer professionalism and care. THANK YOU SO VERY MUCH.
I highly recommend O'Brien solicitors, especially Peter O'Brien and Wilson Tighe. They went above and beyond. Easily contactable anytime I had a question, diligent, kept us up to date and always communicated each step and options with me.
As a client of O'Brien Criminal & Civil Solicitors, I am extremely satisfied with the services provided by Tim Rayner and the entire team. From the initial consultation to the final resolution of my legal matter, I have been impressed with the level of professionalism, expertise, and attention to detail demonstrated by everyone involved.
FAQ’s on Assault and Violence Offence Law
What is the charge for assault in NSW?
In New South Wales, the most common assault charge is "common assault" under section 61 of the Crimes Act 1900. This offence carries a maximum penalty of two years imprisonment and/or a fine of up to 50 penalty units. Common assault covers a wide range of actions, from threatening gestures to physical contact that doesn't cause significant injury. More serious forms of assault, such as assault occasioning actual bodily harm or grievous bodily harm, carry heavier penalties. The specific charge and potential sentence depend on the circumstances of the incident and any injuries caused
How long after an assault can you press charges in NSW?
There is no strict time limit for pressing charges for most assault offences in NSW. However, it's generally advisable to report the incident to the police as soon as possible.
Prompt reporting ensures that evidence can be collected effectively and witness memories are fresh. For summary offences (less serious assaults dealt with in the Local Court), there's typically a six-month time limit from the date of the alleged offence. For more serious indictable assault offences, charges can be laid even years after the incident, although delays may affect the strength of the case.
Do you go to jail for assault in Australia?
While jail time is a possible outcome for assault convictions in Australia, it's not always the case, especially for first-time offenders or less serious incidents. Courts have various sentencing options, including fines, good behaviour bonds, community service orders, and suspended sentences. The likelihood of imprisonment increases with the severity of the assault, the offender's criminal history, and other aggravating factors. For common assault, non-custodial sentences are often imposed, particularly for first offences.
However, more serious assault charges can result in jail time, even for first-time offenders
What happens when you get charged with assault in NSW?
When charged with assault in NSW, you'll typically be required to attend court. The process may involve:
- Receiving a Court Attendance Notice with details of the charge and court date.
- Deciding whether to plead guilty or not guilty.
- If pleading not guilty, preparing a defence with your lawyer.
- Attending court hearings, which may include a trial if pleading not guilty.
- If found guilty or pleading guilty, facing sentencing.
The court will consider factors like the severity of the assault, your criminal history, and any mitigating circumstances when determining the penalty. Penalties can range from a discharge without conviction to imprisonment, depending on the specific circumstances of the case
What are the differences between common assault and assault occasioning actual bodily harm?
Common Assault:
Does not necessarily involve physical harm to the victim3
May not even involve physical contact3
Typically does not result in serious injury3
Assault Occasioning Actual Bodily Harm:
Involves harm that is more than merely transient or trifling1
Results in actual bodily harm, such as deep scratches, lasting bruises, black eyes, or psychiatric conditions4
Interferes with the health or comfort of the person assaulted4
Legal Classification
Common Assault:
Considered the least serious form of assault3
Charged under section 61 of the Crimes Act 1900 (NSW)3
Assault Occasioning Actual Bodily Harm:
More serious than common assault1
Charged under section 59 of the Crimes Act 1900 (NSW)14
Classified as an "aggravated assault"4
Maximum Penalties
Common Assault:
Maximum penalty of 2 years imprisonment and/or a fine3
Assault Occasioning Actual Bodily Harm:
Maximum penalty of 5 years imprisonment1
If committed in company, maximum penalty increases to 7 years imprisonment1
When dealt with in the Local Court, maximum penalty is 2 years imprisonment1
Prosecution Requirements
While both offences require proving intentional or reckless action without consent, AOBH has the additional requirement of proving that actual bodily harm resulted from the assault
What are the typical penalties for common assault?
Common assault in Australia typically carries a maximum penalty of 2 years imprisonment and/or a fine. However, the actual penalties imposed are often less severe, especially for first-time offenders. The most common penalties include:
Good behaviour bonds
Fines
Community service orders
Suspended sentences
In some cases, particularly for first offences, courts may impose a non-conviction order (Section 10 dismissal in NSW). The specific penalty depends on factors such as the severity of the assault, the offender's criminal history, and any mitigating circumstances. While imprisonment is possible, it's generally reserved for more serious cases or repeat offenders
How does the use of a weapon impact the sentencing for common assault?
The use of a weapon significantly impacts sentencing for assault cases, often elevating the charge to a more serious offence. When a weapon is involved, the assault is typically charged as "assault with a weapon or instrument" rather than common assault. This upgraded charge carries more severe penalties:
The maximum penalty increases, potentially up to 7 years imprisonment for some cases.
Imprisonment becomes much more likely, with statistics showing that 78% of charges for assault with a weapon result in imprisonment.
The presence of a weapon is considered an aggravating factor, leading to harsher sentences even within the same charge category.
Courts view weapon use as a serious escalation of violence, reflecting a higher degree of danger and potential for harm. This often leads to more punitive sentencing approaches compared to unarmed common assault cases
