Assault Lawyers Sydney & Parramatta

Assault is a serious offence, and being charged with assault can have severe consequences – especially if you do not have the right legal representation from an accredited criminal lawyer. 

Astor Legal provides specialised criminal law services, with expert criminal lawyers fighting for you every step of the way when facing assault charges. Get in contact today to learn how we can provide you with the very best defence. 

Astor Legal: Experienced Assault Lawyers Sydney & Parramatta 

Our team is recognised as one of the leading criminal defence firms in Sydney and Parramatta, as reflected in:

• Our team being led by Avinash Singh, a Law Society-accredited specialist in criminal law – placing us in the top 6% of criminal lawyers
• Our proven track record of having assault charges dropped, dismissed, and ensuring no conviction is recorded
• Over 100 genuine client reviews and multiple industry awards

Contact us online or call us on (02) 7804 2823 to speak to our friendly team who are available 24/7.

How We Defend Assault Cases 

Our assault lawyers have years of experience defending clients who have been charged with assault offences. Let us walk you through the process of defending an assault case. 

Steps in an Assault Case    

Anyone who is charged with a criminal offence and brought before the court has the option to either plead guilty or not guilty. 

Guilty Plea

A guilty plea means the accused accepts that all elements of the offence have been met and does not dispute the charge. Once a guilty plea is entered, the police provide a fact sheet to the magistrate, outlining the details of the offence. 

The magistrate reviews this document and treats its contents as the official version of events. Since there is no trial to challenge or present alternative evidence, sentencing is based on the facts stated in the police fact sheet. 

However, the defence may still make submissions to provide context, explain mitigating factors, or seek a more lenient penalty.

Not Guilty Plea

When a not guilty plea is entered, the court sets a timetable for the police to serve their brief of evidence and for the defendant to respond.

The brief of evidence includes everything the police rely on to prove guilt, such as witness statements, footage, recordings, and expert reports. Each case varies in the type of evidence presented.

Once the evidence is served, the case proceeds to a hearing, where witnesses testify and are cross-examined. The defendant may also choose to give evidence. After hearing all testimony, the magistrate or jury decides whether the prosecution has proven guilt beyond a reasonable doubt.

Defences to Assault

There are many defences to assault. Here are some of the most common defences we use in assault cases. 

• Self-defence: Self-defence allows a person to be found not guilty of an offence if their actions were necessary to protect themselves or another person.

• Duress:  Duress occurs when a person is forced to commit a crime against their will. It is a full defence to certain assault offences but does not apply to charges of murder or manslaughter.

• Necessity: Necessity is a legal defence used when a crime is committed to escape an immediate threat. If proven, the accused may be found not guilty. Unlike duress, which involves being forced to commit a crime, necessity focuses on acting out of urgent need—though the two defences can sometimes overlap.

• Lawful Correction: Under Section 61AA of the Crimes Act 1900, a person charged with assaulting a child may argue the defence of lawful correction, provided it meets legal requirements.

• Automatism: Automatism is a legal defence used when an accused person’s actions were involuntary. This often applies in cases where a crime was committed while sleepwalking, experiencing a blackout, or due to an involuntary reaction triggered by trauma.

 We also assist with cases related to insanity defence.

Assault Charge Penalties in NSW

The penalties for assault charges in NSW are based on the exact offence with which you have been charged. If you’ve been charged with assault you should contact a criminal lawyer prior to attending court.

Most assault charges are indictable offences, but they are often handled in the Local Court rather than requiring a jury trial in the District Court. 

For a first time assault charge, you can avoid a criminal conviction under section 10 of the Crimes (Sentence Procedure) Act. Full time imprisonment is the maximum penalty for all of the varying kinds of assault and the court takes these sorts of offences very seriously.

What is Assault

An assault is any physical act that intentionally or recklessly causes another person to immediately apprehend unlawful violence.

This may or may not involve actually touching the other person and the type of charge may depend upon the seriousness of injuries or the occupation of the person assaulted.

Types of Assault

There are many types of assault recognised by the law. To learn more about a specific assault type, simply click on it to find a more in depth explanation. 

• Armed With Intent
• Assault Occasioning in Actual Bodily Harm
• Assault Police
• Common Assault
• Custody of Knife In Public Place
• Intentionally Choke
• Recklessly Cause Grievous Bodily Harm or Wounding
• Resist Arrest
• Stalk or Intimidate
• Use Carriage Service to Menace
• Wounding With Intent to Cause Grievous Bodily Harm

As well as more serious charges such as:

• Manslaughter
• Murder

The definition of assault is broad enough that even when there is no mark, injury and even no physical contact, a person can be found guilty of assault. It can also include acts such as spitting or throwing an object in the vicinity of another person.

Choose Astor Legal: Expert Criminal Lawyers 

If you’ve been charged with assault contact our specialist assault lawyers today. We have offices in Parramatta, Sydney CBD and Liverpool and regularly represent clients at courts all over New South Wales.

Your future is too important to leave to chance – trust our experienced lawyers to fight for the best possible outcome.

Frequently Asked Questions 

What if I disagree with some of the elements of the fact sheet?

If you disagree with any part of the fact sheet, it is key that this is amended before sentencing, as once a plea of guilty is entered and the magistrate receives the fact sheet, its contents cannot be disputed. Often factual issues can be resolved by negotiating with police through written representations, however sometimes a disputed facts hearing is required.

What is the Penalty for Common Assault on a Child?

Being charged with common assault on a child is more serious than a regular assault, carrying a maximum penalty of 2 years imprisonment. However, parents or guardians may use the defence of lawful correction if they applied reasonable force for discipline. Consulting a specialist assault lawyer is crucial to determine if this defence applies to your case.

What Are Some Examples of Common Assault?

Examples of common assault include striking, pushing, kicking, spitting and threatening to commit violence or throwing an object at another person. The definition of common assault under law is broad and does not even necessarily need to include physical contact.