Assault involves the infliction of physical force or the causing of the fear of physical contact. Assault is unlawful where it is committed without a lawful justification.
O’Brien Criminal and Civil Solicitors are expert trial advocates and defence lawyers and have represented clients in assault offences of all kinds.
Someone is charged with common assault where they assault another person but do not cause an injury amounting to actual bodily harm or grievous bodily harm. Common assault can include actions such as:
- punching, hitting or kicking another person without causing bodily harm,
- spitting at another person
- or the mere threat of hurting another person.
If you are convicted for a common assault you will receive a criminal record. Unless the Magistrate hearing your case uses their discretion to record a no conviction.
O’Brien Criminal and Civil Solicitors has successfully helped clients receive a no conviction record. Read here to find out more about these cases.
Assaulting and/or Resisting Police
There are specific offences and different penalties that apply to assaults and/or resisting police officers. Examples of resisting police include:
- running away from police who are trying to arrest you;
- struggling with police who are trying to arrest you
- or lying to police.
This is a summary offence and is heard before the Local Court.
Assaults causing Bodily Harm
More serious assaults include but are not limited to:
- Assault occasioning actual bodily harm (ABH);
- Reckless wounding;
- Reckless grievous bodily harm (GBH);
- Intent to cause grievous bodily harm (GBH);
- Wounding with intent;
- Assault causing death;
- Sexual assault
The severity of the charge(s) and potential sentences will differ depending on the nature of the circumstances. These include:
- the seriousness of injuries sustained by the victim,
- presence of weapons
- and presence of co-offenders.
See previous cases in relation to more serious assaults that our solicitors have handled. Speak to one of our expert criminal defence lawyers to determine what your best course of action is.
Contact O’Brien Criminal and Civil Solicitors on (02) 9261 4281 to set up a free appointment with the defence lawyers in our Sydney office. 24 hour phone / text: 0421 373 961