Offences involving assault range in seriousness, usually tied to the nature of the injury sustained by the victim. In order to be found guilty of an Assault the Police must prove that you threatened or committed a violent act either intentionally or recklessly without either consent or legal excuse.

Our Criminal Lawyers have extensive experience with all kinds of assaults, and are experts at identifying gaps in Police evidence which can be exposed in defence of assault charges. We can also advise you on and run defences to charges where there is self defence or where your actions were performed under duress or by necessity.

When faced with a charge of assault, it is important to have a lawyer who can analyse the evidence, advise you on the potential consequences and available defences, and where needed prepare submissions to be made in mitigation of your sentence.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688

The Law

Section 61 of the Crimes Act states “Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years”. The maximum penalty for the offence of common assault is 2 years imprisonment.

An Assault occasioning Actual Bodily Harm occurs where the assault results in scratches, bruising, cuts or abrasions. The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment or 7 years where it is committed in the company of others.

An assault occasioning Grievous Bodily Harm involves a serious injury such as permanent or serious disfiguring of the person. Such an offence, depending on how it is committed and whether intentional or reckless, can carry a sentence of up to 25 years imprisonment. Technically grievous bodily harm is a measure of penetration of the assault into the skin and it is imperative that the evidence is carefully examined to see whether this type of assault can be made out. Often such a charge can be downgraded to the lesser charge of actual bodily harm.

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688