Leading Defence Lawyers for Assault Charges

In New South Wales an assault occurs when a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence. Assaults range from less serious common assaults to assaults occasioning actual bodily harm and assaults occasioning grievous bodily harm.

Common Assault

Common assault ranges from non-physical to physical contact without consent. It can be either with the intention to cause about the requisite fear of immediate and unlawful violence or unlawful physical force, or to recklessly bringing about the same. Common Assaults are, for lack of a better term, the most common type of assault matters that the Court’s see. If the assault results in any injury, then a more serious charge applies.

To prove a charge of Common Assault, the prosecution needs to establish:

1. That the accused intentionally or recklessly;
2. Voluntarily;
3. Caused unlawful contact;
4. Without the victim’s consent.

An example of common assault is punching another individual without their consent. This is because the accused voluntarily, intentionally and or recklessly caused the unlawful contact without the consent of the victim.

What else can constitute common assault?

The lists pertaining to common assault in NSW is exhaustive and thus commonly include but are not limited to: spitting, touching, hitting, threatening imminent harm, or restraining a person against their will.

The accused however may be relieved of liability on the grounds of implied consent, self-defence, or lawful correction. Depending on the degree and nature of the assault, exceptions can apply in activities involving voluntary conduct such as prize fighting, contact sports, and surgery.

While the definition of fear can be subjective as to what constitutes as causing apprehension to the ordinary person, courts will consider whether there the accused continued the conduct despite having a reasonable foreseeability of harm. The accused must foresee that his or her conduct might induce fear. This helps maintain objectivity in the judgement.

What is the penalty for Common Assault?

Section 61 of the Crimes Act 1900 (NSW) stipulates the nature and penalty of common assault as follows:
“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years”.
If you are convicted of common assault, the maximum penalty is two years imprisonment.

Assault Occasioning Actual Bodily Harm

If the prosecution can prove an Assault, and that Assault led to an injury then they may instead charge you with Assault Occasioning Actual Bodily Harm.

To prove a charge of Assault Occasioning Actual Bodily Harm the prosecution needs to prove that the injury was ‘more than trivial or trifling’. A common example of an offence occasioning Actual Bodily Harm is when somebody injures another person causing them to suffer a black eye.

Assault Occasioning Grievous Bodily Harm

Section 4(1) defines “grievous bodily harm” to include any permanent or serious disfiguring of the person, the destruction of a foetus, and any grievous bodily disease.

The nature of the injury caused to the victim is integral to determine the seriousness of the offence and sentence. This is not to underestimate the intent component of the offence, as the element carries to enforce a maximum penalty of 25 years. An example of an offence resulting to Assault occasioning grievous bodily harm is if the accused caused the victim to suffer a broken bone.

Wounding

“Wounding” is not defined in the Crimes Act. However, it has been defined at common law to involve the breaking of the skin. An example of reckless wounding is whereby the accused throws a knife at the victim, causing them to bruise. The accused would be subsequently charged as there is reasonable foreseeability of harm within the conduct.

Criminal matters, especially assault matters, need an experienced criminal solicitor to get the best result. Call our office on (02) 8080 7585, to arrange for a consult with one of our lawyers today.

Green & Associates Solicitors Experience and Success

1. We have successfully defended numerous resist arrest and assault Police charges, often obtaining costs orders and / or commencing civil action thereafter.
2. We have successfully defended numerous false allegations made for an attempted forensic advantage in family law proceedings.
3. We have successfully defended several choke and kidnap charges in a Jury trial.
4. We have acted in murder trials and appeals, including in the High Court.
5. We have acted in prolonged committal hearings over highly publicised incidents.
6. We have successfully negotiated plea deal to avoid full-time custody.
7. We have successfully obtained bail for assault-related show cause charges.

Client Charged with Assault and Weapon Possession

In a challenging case that had serious implications for our client, we successfully secured a favorable outcome. Our client was charged with assaulting a police officer, an offense that carries significant penalties, particularly when it results in actual bodily harm. Additionally, the client was also found in possession of a prohibited weapon, a situation that compounded the gravity of the charges.

Our client was in custody and faced the possibility of a lengthy prison sentence. Through diligent legal work and skilled negotiation, we were able to achieve an excellent result. We persuaded the court to sentence our client to a Community Correction Order for 12 months for the assault charge. This outcome allowed our client to avoid incarceration while still receiving appropriate consequences for their actions.

Moreover, we were able to secure a non-conviction for the weapon possession charge. This non-conviction outcome is particularly significant, as it means that our client’s record remains unblemished by a criminal conviction, which could have severely limited their future prospects and opportunities.

Client Charged with Affray in Kings Cross

Our client faced a serious charge of affray following a brawl in Kings Cross. Affray is a significant charge that can result in severe penalties, including imprisonment. The situation was further complicated by the high-profile nature of the incident, which attracted significant public attention and scrutiny.

Leveraging our legal expertise, we skillfully negotiated with the prosecution to have the charge of affray withdrawn. This was a crucial success, as it meant that our client was no longer at risk of being convicted for a serious criminal offense. Instead, our client was sentenced to a Conditional Release Order for two years, without a conviction.

The Conditional Release Order allowed our client to avoid a criminal record while still receiving appropriate consequences for their involvement in the brawl. This result ensured that our client could move forward in life without the lasting stigma of a criminal conviction, which could have otherwise had detrimental consequences for their future.

 Client Charged with Affray – Charges Dropped

In a challenging case involving a client charged with affray, we were presented with a unique set of circumstances. CCTV footage clearly showed that our client was defending a friend who was being set upon by a group of individuals. Despite our client’s noble intentions to protect their friend, they found themselves facing serious criminal charges.

Through comprehensive legal representation and persuasive arguments, we successfully convinced the authorities to drop the charges against our client. This was a significant victory, as it not only spared our client from the legal consequences of an affray conviction but also affirmed the principle of self-defence and coming to the aid of a friend in times of trouble. Our client’s exoneration in this case was a testament to our dedication and advocacy on their behalf. It ensured that they were not burdened with a criminal record or the potential penalties associated with an affray charge, allowing them to continue their life without the stain of a wrongful accusation.

• In addition to the above, our defence lawyers have had multiple acquittals in different matters of assault Police charges owing to self-defence, Police impropriety and illegally obtained evidence;
• Our solicitors have had choke and grievous bodily harm charges thrown out even with video footage and blow-up stills in Police brief capturing event;
• Our solicitors had a client released from prison after 12 months after assaulting rival gang member with a firearm with a prior record of doing so and previous time served for drugs offences

At Green & Associates Solicitors, we act for a wide range of matters. We provide in-house advice to sole traders and companies on a range of matters, including:

• employment-law issues (i.e. enforcing or dispute a restraint of trade clause for previous or new employees);
• compliance and regulatory issues (i.e. licencing and underquoting breaches)
• criminal matters;
• property matters;
• defamation proceedings; and
• all types of commercial matters (i.e. drafting shareholder agreements).

Contact us (02) 8080 7585 if you require support with any commercial matters or legal advice.