Types of Assaults Offences in NSW
Assault offences are common in NSW. Therefore, it’s important to know about the laws relating to assault charges. In NSW, the law takes assault offences seriously. So if police charge you with assault, you should seek legal representation straight away. Speak to an assault lawyer such as the ones we have in our Sydney office.
Firstly, what is an assault charge?
Assault is a type of criminal offence. It includes a combination of the threat of, and also the actual infliction of personal violence. However, the offence can happen without actual touching. Assault includes an act that intentionally or recklessly causes another to suffer an immediate and unlawful harm. A basic assault offence is often called ‘common assault’ (see below).
In NSW specifically, assault is a common law offence but the penalty is prescribed by statute.
The two elements of an assault are:
- There was a voluntary act by the accused that had the effect of putting the victim in fear; and
- The was also a desire to create that fear, though there can be an assault even if the victim does not in fact fear violence.
However, each separate assault offence carries its potential penalties.
Types of Assault Charges in NSW:
Examples of different types of assault include:
Common Assault:
Common assault is a less severe form of assault, but it still has serious consequences. This offence also involves the intentional or reckless causing of apprehension of immediate physical harm to another person. Common assault charges can arise from various situations. For example, fights or altercations often result in common assault charges.
Common assault include:
- Any act which causes another to fear immediate personal violence, or the threat of and,
- The striking, touching, or using force against another.
For common assault cases, the prosecution must prove:
- The accused acted intentionally/recklessly,
- The victim did not consent.
- And the conduct was unlawful.
Penalties for common assault include fines, community service, or imprisonment. However, the punishment depends on the severity of the case. A good assault lawyer will get you the best possible outcome.
Actual bodily harm:
What offences fall under Actual Bodily Harm has been decided by NSW courts throughout case law.
Basically, actual bodily harm includes any injury that affects the health or comfort of the victim. Furthermore, it can include scratches and bruises. However, it does not have to result in a permanent injury. For example, it might include a psychiatric illness like depression or an anxiety attack.
Finally, actual bodily harm carries a potential maximum penalty of seven years imprisonment.
Grievous bodily harm:
In NSW, grievous bodily harm is known as an assault that causes very serious damage. For example, this type of offence might result in:
- Permanent/serious disfiguring of the person,
- The termination of a woman’s pregnancy,
- Or causing a person to contract a grievous bodily disease.
Wounding:
A wounding offence means that more than just the top layer of the victim’s skin was broken by the act. Therefore, someone who intentionally wounds another person is liable to imprisonment for up to 25 years. However, a person who recklessly wounds another is liable to ten years imprisonment.
Understanding the Elements of Assault:
To better understand assault charges, you should know the key elements involved.
Elements of assault include:
An intentional or reckless act,
- An apprehension of immediate physical harm by the victim,
- And the absence of consent.
These elements also play a crucial role in court when determining the nature and severity of the assault and resulting punishment.
Legal Defences to assault in NSW:
When facing assault charges, there are also a number of possible defences. Above all, seeking legal representation from an assault lawyer with experience in criminal law is very important.
Defences of assault include:
- Self-defence,
- Defending a third party,
- Consent,
- Or mistaken identity.
A criminal lawyer can rely on these defences to help provide you with a reasonable explanation for the alleged assault. In fact, we have lots of experience representing clients for these charges. Read our assault Case Studies here.
How can an Assault Lawyer help me
If you seek representation from our top criminal lawyers, you will be receiving the best legal assistance in Sydney. Our lawyers can:
- Work with you to build a criminal defence strategy for your case so you get the best outcome,
- Liaise with the police, prosecution, and court for you,
- Study your assault charges and the evidence relating to your case,
- Collect evidence by interviewing any relevant witnesses, your family/friends, experts such as doctors or therapists,
- Gather all official records and documents,
- Help you apply for bail,
- Represent you in any court/hearings,
- And finally, create a defence strategy personalised for your particular assault case.
In conclusion, obtaining solid legal defence is very important as assault is a serious crime.
Seeking Legal Assistance for from an assault lawyer in NSW:
Navigating assault charges in NSW is challenging. Therefore, we highly recommended seeking legal assistance. O’Brien Criminal & Civil solicitors have a wealth of experience in criminal law matters on areas such as assault. We can provide you with personalised advice based on the specific details of your case.
Why do I need a criminal lawyer?
