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Our common assault lawyers appear in Courts on a daily basis defending assault charges. We have an exceptional track record of having our clients found ‘not guilty’ as well as avoiding criminal records (eg. Section 10 dismissals or Section 14 Mental Health applications).
Our clients benefit from a number of advantages being represented by us, including:
Contact us immediately to speak to our friendly team who are available 24/7.
Common assault is an act whereby a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence (see: Section 61 of the Crimes Act 1900 (NSW)).
To beat a common assault charge, the prosecution must fail to prove one of the following:
If they are unable to prove any of the above three points, you will be found ‘not guilty’ and the charge dismissed.
The defences to common assault include:
If you believe you may have a defence to common assault or are unsure, our common assault solicitors can give you immediate advice on all of the possible defences open to you and which defences are best suited to your case.
We will also determine what evidence can be used or needs to be obtained to make out the defence and identify and exploit holes in the Police case against you.
We can immediately begin preparing your defence and put your mind at ease. If you contact us at an early stage in your case, we may even be able to get your charges dropped before you have to go to Court.
If after receiving advice from an experienced common assault lawyer, you decide that you want to enter a plea of guilty, there are a number of steps you can take in order to obtain the best sentencing outcome. Our guide will provide some general hints. If you wish to obtain a more thorough list and one that is tailored to your specific case, you can speak to one of our specialist criminal lawyers by contacting us now.
In New South Wales, the maximum penalty for common assault is 2 years imprisonment.
Sentencing statistics for common assault We have obtained a list of 27,618 cases in the Local Court which provide a range:
It is unlikely you will go to jail for a common assault offence. While it is ultimately up to the Magistrate or Judge as to what punishment you will receive, a study of 27,618 cases found that only 6% of common assault offenders were sentenced to full-time imprisonment.
There is a strong chance you will receive a conviction for common assault. A study of 27,618 cases found that 73% of common assault offenders received a criminal conviction. The rate of convictions is significantly higher for domestic violence assaults.
Contact us now so that we can help you avoid a criminal conviction.
A first offence of common assault has a maximum penalty of 2 years imprisonment. However, you will generally be dealt with more leniently by the Court. A list of 10,728 first offence Common Assault sentencing cases in the Local Court suggests that you will be far more likely to receive a Section 10 dismissal if you have no prior record.
However, there are still a large amount of individuals who are convicted despite it being their first offence. That is why it is important that you contact one of our experienced senior criminal lawyers so that they can prepare your case in such a way that you will be in the best position possible to receive a Section 10.
Common assault on a child is an offence under Section 61 of the Crimes Act (NSW) which carries a maximum penalty of 2 years imprisonment and/or a $2,200 fine.
‘Lawful correction’ is a defence if you are charged with hitting your child to discipline them. However, your actions must be reasonable. Hitting your child lightly with minimal pain would likely fall into this defence. However, if your child suffers marks or bruising, this would likely not be considered reasonable.
Hitting your child with an object, such as a wooden spoon may not be reasonable if it causes significant pain and/or any lasting marks.
Common Assault is a very common charge in a domestic violence context. Police and the Courts deal with domestic violence cases differently to other charges. For example, if you are pleading not guilty, your case will be listed for Hearing even if you have not received a brief of evidence from the Police.
As such, it is important that you speak to one of our specialist domestic violence lawyers who can guide you through the process. Contact us now to discuss your case with a specialist domestic violence lawyer.
It is very common in domestic violence situations for an alleged victim no to want their partner to be charged. However, it is ultimately up to the Police as to whether they want to charge a person or not. Once someone speaks to the Police and alleges a domestic violence assault, Police will usually charge you.
If at a later date the alleged victim wants to retract their statement or have the charges withdrawn, Police will usually not do this and compel the alleged victim (by subpoena) to attend Court. If you have been charged with a domestic violence assault, you should contact our team now so we can begin working on your case to have the charges dismissed.
Generally, if the only witness to a crime is not available to give evidence in Court, then the prosecution will not have any evidence to rely on. However, there are ways that they can get around this.
Most commonly the prosecution will seek an adjournment to bring the alleged victim to Court. Many Judges and Magistrates will agree to adjourn the case unless there are powerful reasons why this should not be done. If the alleged victim participated in a video interview (known as a ‘Domestic Violence Evidence in Chief’ or ‘DVEC’), the prosecutor can also seek to play this.
That is why it is important that you have an accredited specialist criminal lawyer representing you. We will be able to object to the playing of a video interview and prepare beforehand to prevent an adjournment being granted. Contact us now to speak to our friendly team.
