Assault offences are one of the most commonly charged offences in NSW, so we deal with them on a day to day basis. Being charged with such an offence must be taken seriously as severe penalties can be imposed, such as imprisonment, weekend detention and community service orders.
Below are some of the most common Assault offences:
The offence of Common Assault is the assault charge most frequently issued by the police. It is the least serious of the assault offences, and can be charged where it is alleged that one person assaults another, but the injury caused is not severe (i.e. does not cause any lasting injury or scarring), as set out within section 61 of the Crimes Act 1900 (NSW).
Penalties: The penalties for common assault can still be severe, with the maximum penalty at two years imprisonment.
Assault Occasioning Actual Bodily Harm is the second most serious assault offence after Assault Occasioning Grievous Bodily Harm. This offence can be charged where an injury arises out of an alleged assault that is not permanent, but results in a wounding, for example when a person’s skin is broken.
Penalties: The maximum penalty for this offence is five years imprisonment. Where the offender is in the company of another person or persons this increases to seven years.
Generally, the charge of Attempt to Choke may be laid when the accused has either (i) attempted to choke someone, or (ii) attempted to make the person insensible, unconscious, or incapable of resistance. The offence is taken very seriously by the courts, with a maximum penalty of 25 years imprisonment, and legal advice should be sought immediately upon being charged.
Penalties: As indicated above, a conviction of Attempt to Choke carries a maximum penalty of 25 years imprisonment, under section 37 of the Crimes Act 1900 (NSW).
The offence of Reckless Grievous Bodily Harm or Wounding is generally charged when an act or omission has caused grievous bodily harm or wounding, but there was no intent. There are several different forms of this offence prescribed in section 35 of the Crimes Act 1900 (NSW). In determining which offence to charge you with, the Police will consider whether you wounded someone and/or whether you inflicted grievous bodily harm, as well as whether you were in the company of others at the time of the offence.
Penalties: Depending on the particular offence you are charged with, the maximum penalty can range from seven years imprisonment up to 14 years imprisonment. However, with proper legal representation, it is usually possible to avoid these severe penalties.
There are several offences that constitute an assault on a police officer, as prescribed by section 60 of the Crimes Act 1900 (NSW). Very broadly, the charge may be laid where the accused has assaulted or harassed a police officer, while the officer was in the execution of his/her duty. However, if such action is in reaction to actions undertaken by the police officer in the course of their duties, or simply because the person is a police officer, the offence still applies.
Penalties: The least severe of the possible offences does not involve any form of bodily harm, and carries a maximum penalty of five years imprisonment. An assault that causes actual bodily harm will carry a maximum term of seven years, while a malicious wounding or causing of grievous bodily harm involves a maximum penalty of 12 years. However, with proper legal representation, it is usually possible to avoid these severe penalties.
The charge of Assault Occasioning Grievous Bodily Harm may be laid where the accused has maliciously inflicted a very serious injury on someone.
Penalties: Under Section 33 of the Crimes Act 1900 (NSW), whoever wounds or causes grievous bodily harm with intent is liable to imprisonment for up to 25 years. However, with proper legal representation, these severe penalties can usually be avoided.
This type of charge refers to any assault which occurs during a large-scale public disorder, as prescribed under section 59A of the Crimes Act 1900 (NSW). The charge can carry custodial sentences, so it is important to seek legal representation.
Penalties: Where the assault is not serious in nature, and does not lead to any actual bodily harm, the maximum penalty is five years imprisonment. However where actual bodily harm is caused as a result of the assault, the maximum penalty is imprisonment for seven years.
If you have been charged with any type of assault, there may be a defence available to you, including: Self-defence, duress and necessity. In some instances intoxication is also a defence. Often charges of assault arise as a consequence of alleged violence between several people, which can lead to charges being laid against multiple individuals. Sometimes the alleged victim is also involved in perpetrating the violence and this causes confusion in determining ‘who started it’ and who was merely defending themselves. It will be necessary for the police in every offence to prove that the accused was the person who committed the offence.
The charge of Indecent Assault may be laid when the accused has assaulted someone in a way which carries a sexual connotation, or the intention to obtain sexual gratification. The charge is different to Sexual Assault, which requires penetration.
Penalties: A charge of indecent assault carries a maximum penalty of up to five years imprisonment. There is also a more serious charge of Aggravated Sexual Assault, which carries intensified maximum penalty of seven years imprisonment. The circumstances of aggravation are established when: The offence is committed in company, the victim is under the offender’s authority, the victim has a serious physical disability, or the victim has a serious intellectual disability. The elements for indecent assault need to be established first before considering these aggravating factors.
The charge of Sexual Assault may be laid when the accused has sexual intercourse with another person, without the consent of the other person, and knowing that the other person does not consent to the sexual intercourse.
Penalties: The maximum possible penalty for the charge of Sexual Intercourse without Consent is 14 years imprisonment. Any person who attempts to commit a sexual assault-related offence may face the same penalties as if they actually committed the offence. However, the penalties vary depending on the gravity of the particular offence. Factors which determine the gravity include: Degree of violence, physical hurt inflicted, form of forced intercourse, degree of humiliation and duration of the offence.
It is also possible to be charged with the more serious offence of Aggravated Sexual Assault, which carries penalties of up to 20 years imprisonment. Aggravating circumstances to a sexual assault offence include:
• At the time of, or immediately before or after the commission of the offence, the offender intentionally or recklessly inflicted actual bodily harm on the victim or any other person present or nearby
• At the time of, or immediately before or after the commission of the offence, the offender threatened to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument
• The offence was committed in the company of another person or persons
• Victim is under 16 years of age Victim is under authority of offenderVictim has a serious physical disabilityVictim has a cognitive impairment
• Offender broke and entered into dwelling-house or other building with the intention of committing the offence or any other serious indictable offence
• Offender deprived the victim of their liberty before or after the commission of the offence
It is also possible to be charged with the more serious offence of Aggravated Sexual Assault, which carries penalties of up to 20 years imprisonment. Aggravating circumstances to a sexual assault offence include:
There are several defences available to you, should you be charged with a Sexual Assault offence. A couple of the major ones are: Denying the intercourse and identifying a motive for the complainant to lie about it or admitting to having intercourse with the complainant, but claiming it was consensual. There are also a number of mitigating circumstances, which may lead to a reduced sentence, including: Youth of offender: for young offenders an emphasis is often placed on rehabilitation; the offender has good prospects of rehabilitation; remorse shown by the offender; early guilty plea; mental condition: may warrant a sentence other than full time custody; the offender does not have any record or significant record of previous convictions; punishment meted out by others, such as abuse and harassment and threats of injury to person and property, including personal harassment by media representatives
A person knows that another person does not consent to sexual intercourse if the person:
• Knows that the other person does not consent;
• Is reckless as to whether the other person consents;
• or Has no reasonable grounds for believing that the other person consents
• A person does not consent to sexual intercourse if the person:
• Does not have the capacity to consent due to age or cognitive impairment;
• Does not have the opportunity to consent because they are unconscious or asleep;
• Consents due to threats of force or terror;
• Consents due to being unlawfully detained
• Self-induced intoxication is not relevant for the purposes of determining consent.
Apprehended Violence Orders are orders of the court designed to prevent physical violence, stalking, harassment and intimidation toward a person by another. The granting of an AVO can have drastic implications, and breaching an AVO may lead to criminal charges. If you believe the AVO was unnecessary, obtained by a false complaint, or obtained for some advantage (e.g. preventing one parent from seeing their children), it’s important that you seek legal advice immediately.
It is a criminal offence for the defendant to knowingly breach an interim or final Apprehended Violence Order. The maximum penalty on conviction is a $5,500 fine or two years imprisonment or both. If the breach constitutes an act of violence and the defendant is at least 18 years of age, the defendant may be sentenced to a period of imprisonment.
Successfully defending an application for an AVO sought by your spouse or former partner can sometimes be difficult for a number of reasons. Firstly, applications need only be proved on the balance of probabilities, rather than the higher criminal standard of beyond a reasonable doubt. Secondly, applications are often taken out by police on the behalf of the alleged Person In Need Of Protection (PINOP). This means you may find yourself in a position where the alleged PINOP is legally represented by a police prosecutor and you are not. Thirdly, most allegations occur where there are no witnesses, and so it is sometimes difficult to adequately support your point of view. For this reason, it is imperative that you seek legal representation in order to effectively navigate these many interlinked factors.
• In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
• The accused contravened a prohibition or restriction specified in an order made against the person.
• The contravention was done or made knowingly.
• It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.
The initial consultation is free.
The offence of Common Assault is the assault charge most frequently issued by the police. It is the least serious of the assault offences, and can be charged where it is alleged that one person assaults another, but the injury caused is not severe (i.e. does not cause any lasting injury or scarring), as set out within section 61 of the Crimes Act 1900 (NSW).
Penalties: The penalties for common assault can still be severe, with the maximum penalty at two years imprisonment.
Assault Occasioning Actual Bodily Harm is the second most serious assault offence after Assault Occasioning Grievous Bodily Harm. This offence can be charged where an injury arises out of an alleged assault that is not permanent, but results in a wounding, for example when a person’s skin is broken.
Penalties: The maximum penalty for this offence is five years imprisonment. Where the offender is in the company of another person or persons this increases to seven years.
Generally, the charge of Attempt to Choke may be laid when the accused has either (i) attempted to choke someone, or (ii) attempted to make the person insensible, unconscious, or incapable of resistance. The offence is taken very seriously by the courts, with a maximum penalty of 25 years imprisonment, and legal advice should be sought immediately upon being charged.
Penalties: As indicated above, a conviction of Attempt to Choke carries a maximum penalty of 25 years imprisonment, under section 37 of the Crimes Act 1900 (NSW).
The offence of Reckless Grievous Bodily Harm or Wounding is generally charged when an act or omission has caused grievous bodily harm or wounding, but there was no intent. There are several different forms of this offence prescribed in section 35 of the Crimes Act 1900 (NSW). In determining which offence to charge you with, the Police will consider whether you wounded someone and/or whether you inflicted grievous bodily harm, as well as whether you were in the company of others at the time of the offence.
Penalties: Depending on the particular offence you are charged with, the maximum penalty can range from seven years imprisonment up to 14 years imprisonment. However, with proper legal representation, it is usually possible to avoid these severe penalties.
There are several offences that constitute an assault on a police officer, as prescribed by section 60 of the Crimes Act 1900 (NSW). Very broadly, the charge may be laid where the accused has assaulted or harassed a police officer, while the officer was in the execution of his/her duty. However, if such action is in reaction to actions undertaken by the police officer in the course of their duties, or simply because the person is a police officer, the offence still applies.
Penalties: The least severe of the possible offences does not involve any form of bodily harm, and carries a maximum penalty of five years imprisonment. An assault that causes actual bodily harm will carry a maximum term of seven years, while a malicious wounding or causing of grievous bodily harm involves a maximum penalty of 12 years. However, with proper legal representation, it is usually possible to avoid these severe penalties.
The charge of Indecent Assault may be laid when the accused has assaulted someone in a way which carries a sexual connotation, or the intention to obtain sexual gratification. The charge is different to Sexual Assault, which requires penetration.
Penalties: A charge of indecent assault carries a maximum penalty of up to five years imprisonment. There is also a more serious charge of Aggravated Sexual Assault, which carries intensified maximum penalty of seven years imprisonment. The circumstances of aggravation are established when: The offence is committed in company, the victim is under the offender’s authority, the victim has a serious physical disability, or the victim has a serious intellectual disability. The elements for indecent assault need to be established first before considering these aggravating factors.
The charge of Sexual Assault may be laid when the accused has sexual intercourse with another person, without the consent of the other person, and knowing that the other person does not consent to the sexual intercourse.
Penalties: The maximum possible penalty for the charge of Sexual Intercourse without Consent is 14 years imprisonment. Any person who attempts to commit a sexual assault-related offence may face the same penalties as if they actually committed the offence. However, the penalties vary depending on the gravity of the particular offence. Factors which determine the gravity include: Degree of violence, physical hurt inflicted, form of forced intercourse, degree of humiliation and duration of the offence.
It is also possible to be charged with the more serious offence of Aggravated Sexual Assault, which carries penalties of up to 20 years imprisonment. Aggravating circumstances to a sexual assault offence include:
• At the time of, or immediately before or after the commission of the offence, the offender intentionally or recklessly inflicted actual bodily harm on the victim or any other person present or nearby
• At the time of, or immediately before or after the commission of the offence, the offender threatened to inflict actual bodily harm on the alleged victim or any other person who is present or nearby by means of an offensive weapon or instrument
• The offence was committed in the company of another person or persons
• Victim is under 16 years of age Victim is under authority of offender Victim has a serious physical disability Victim has a cognitive impairment
• Offender broke and entered into dwelling-house or other building with the intention of committing the offence or any other serious indictable offence
• Offender deprived the victim of their liberty before or after the commission of the offence
It is also possible to be charged with the more serious offence of Aggravated Sexual Assault, which carries penalties of up to 20 years imprisonment. Aggravating circumstances to a sexual assault offence include:
Facing an assault charge can be a daunting and overwhelming experience. Whether you're up against a common assault allegation or a more serious charge like assault occasioning actual bodily harm, the potential consequences can significantly impact your future. That's why it's crucial to have an experienced assault lawyer in your corner, fighting for the best possible outcome.
At Daoud Legal, our team of criminal lawyers has decades of combined experience in successfully defending clients against a wide range of assault charges in Sydney and across New South Wales. We understand the complexities of assault and criminal law and the importance of a robust, tailored defence strategy. With our expert guidance, you can navigate the legal system with confidence and achieve the most favourable result.
Assault is a broad category of offenses that encompasses the use or threat of force against another person. Under NSW law, there are several types of assault charges, each with its own set of elements and potential penalties.
The most frequently encountered form of assault is common assault, which is defined under Section 61 of the Crimes Act 1900 (NSW). Common assault can involve either:
1. An act that causes another person to fear immediate and unlawful violence (threat of force), or
2. The intentional or reckless application of physical force against another person (use of force).
For a common assault charge to be proven, the prosecution must demonstrate that the accused acted intentionally or recklessly, the victim did not consent to the conduct, and there was no lawful excuse for the actions.
A more serious charge is assault occasioning actual bodily harm, as outlined in Section 59 of the Crimes Act 1900 (NSW).
This offense is committed when a common assault results in actual bodily harm to thevictim. Actual bodily harm encompasses any injury that interferes with the health or comfort of the victim, including physical harm as well as serious and prolonged psychological injury.
The most severe form of assault is causing grievous bodily harm with intent, a crime under Section 33 (1) of the Crimes Act 1900 (NSW). This charge is applicable when the accused has caused grievous bodily harm (a serious or permanent injury) and intended to cause such harm.
While there is no specific "aggravated assault" offense in NSW, there are a number of factors that can aggravate an assault and lead to more severe penalties. These include the use of a weapon, gratuitous cruelty, the presence of another person, and the abuse of a position of trust or authority.
The potential penalties for assault charges in NSW can vary significantly depending on the specific offense and the circumstances of the case.
The maximum penalty for common assault is 2 years imprisonment. However, in many cases, the court may impose a less severe sentence, such as a fine, a good behaviour bond, or a section 10 dismissal (no conviction recorded).
More serious assault charges, such as assault occasioning actual bodily harm and grievous bodily harm with intent, carry much harsher penalties. The maximum sentences range from 5 years imprisonment for assault occasioning actual bodily harm up to 25 years for wounding or grievous bodily harm with intent.
It's important to note that these offenses may also be dealt with summarily in the Local Court, where the maximum penalty is 2 years imprisonment. However, the court will consider the degree of violence and the extent of harm when determining the appropriate sentence.
Given the serious nature of assault charges and the potential consequences, it's essential to have an experienced assault lawyer on your side. At Daoud Legal, our criminal defence specialists have a proven track record of achieving outstanding results for our clients facing a wide range of assault-related allegations.
Our team of assault lawyers will work tirelessly to develop a comprehensive defence strategy tailored to the unique circumstances of your case. We'll carefully examine the evidence, identify potential defences (such as self-defence or lack of intent), and build a compelling case to protect your rights and minimise the impact on your life if you're charged with assault.
In some cases, we may be able to negotiate with the prosecution to have the charges reduced or to secure a more favourable outcome, such as a section 10 dismissal or a non-conviction penalty. Our extensive experience in plea bargaining allows us to navigate the legal system effectively and achieve the best possible result for our clients.
If your case proceeds to trial, you can trust that our assault lawyers will provide robust and skilled representation in court. We'll meticulously prepare your case, cross-examine witnesses, and present a compelling defence to the judge or jury, working tirelessly to secure your acquittal or the most lenient sentence possible.
Throughout the entire process, you can count on our team to provide compassionate, personalised support. We understand the stress and anxiety that can accompany an assault charge, and we'll be by your side every step of the way, answering your questions, addressing your concerns, and ensuring you're fully informed and empowered to make the best decisions for your case.
At Daoud Legal, our assault lawyers have extensive experience in defending a wide range of assault-related offenses, including:
Our team is well-versed in defending against allegations of common assault, whether involving the use of force or the threat of violence. We understand the nuances of these charges and the strategies required to achieve favourable outcomes, such as avoiding a criminal conviction.
When it comes to more serious charges like assault occasioning actual bodily harm, our assault lawyers draw upon their in-depth knowledge of the law and their proven negotiation skills to minimise the potential consequences and secure the best possible result for our clients.
For the most severe assault charges, such as causing grievous bodily harm with intent, our team of experienced criminal defence lawyers is prepared to mount a robust and comprehensive defence to protect your rights and your future.
Assaults against police officers are treated with severity in NSW, and we have a deep understanding of the legal complexities and strategies required to effectively defend these types of cases.
Whether the assault was allegedly committed with the use of a weapon, in the presence of others, or in an abuse of a position of trust, our assault lawyers have the expertise to navigate the nuances of aggravated assault charges and strive for the most favourable outcome.
When facing an assault charge, you need a law firm that combines legal expertise, a track record of success, and a genuine commitment to protecting your rights and your future. At Daoud Legal, we pride ourselves on being the go-to choice for clients in Sydney and across New South Wales who are navigating the complexities of assault-related allegations.
Our team of assault lawyers has decades of combined experience in the field of criminal defence. We've successfully represented clients in a wide range of assault cases, from common assault to the most serious charges of grievous bodily harm. This extensive expertise allows us to anticipate potential challenges, identify the most effective defence strategies, and achieve exceptional results for our clients.
At Daoud Legal, we understand that every assault case is unique, and we approach each one with the personalised attention and care it deserves. Our assault lawyers will take the time to thoroughly understand the details of your situation, listen to your side of the story, and develop a tailored defence strategy that addresses your specific needs and goals.
Our firm has a proven track record of success in defending assault charges and serious offences. We've secured favourable outcomes for our clients, including reduced charges, successful bail application, non-conviction penalties, and even outright acquittals. This track record of excellence is a testament to the skill and dedication of our assault lawyers.
We recognise that being charged with an assault offense can be an incredibly stressful and overwhelming experience. That's why our assault lawyers are committed to providing compassionate support and guidance throughout the entire process. We'll be by your side, answering your questions, addressing your concerns, and ensuring you feel informed and empowered every step of the way.
The main types of assault offences dealt with by our Sydney assault lawyers include common assault, assault occasioning actual bodily harm and other forms of assault.
Our senior criminal defence team will review the facts, identify any defences and work tirelessly on your case to achieve the best possible outcome.
Defences our lawyers apply include self-defence, accidental contact, remoteness in time and reasonable discipline for minor assaults between relatives.
Not necessarily. Our specialist criminal lawyers appear regularly in local courts and can often have charges withdrawn or downgraded to avoid a conviction being recorded.
Penalties depend on circumstances but our senior criminal defence lawyers have a strong record negotiating lesser charges and non-conviction orders to help you avoid long term consequences.
Yes, an initial free consultation with one of our accredited specialists allows us to fully understand your case and provide clear advice on battling serious charges or negotiating the best possible outcome.
Through meticulous case preparation, we look for every factual or legal loophole to challenge charges. Where viable, we may submit no case submissions or appeal unfavourable decisions to maximise chances of an acquittal.
Absolutely. Our experienced criminal lawyers have prosecuted District and Supreme Court jury trials for the most serious assault matters and drawn from this formidable experience in court to deliver exceptional advocacy and representation.