Assault Lawyer Sydney

Assault charges handled

“Assault” can describe a wide range of allegations. A charge involving a threat, an injury, a weapon, a police officer or a domestic relationship can follow a different legal pathway.

• Common assault: an allegation of unlawful force or a threat of immediate violence. It is often dealt with in the Local Court, but the individual facts and charge wording matter.
• Assault occasioning actual bodily harm: often called ABH, this alleges that an assault caused an injury that is more than merely transient or trifling.
• Wounding or grievous bodily harm: more serious allegations can involve wounding or grievous bodily harm. They may be dealt with differently and can have much more serious consequences.
• Domestic violence-related assault: an allegation may be recorded as domestic violence-related where the parties have a relevant relationship. An AVO can be a separate but connected issue.

What happens after an assault charge?

Police action can be followed by a court date, bail conditions and the release or service of a brief of evidence. It is important to understand what the charge alleges before deciding how to respond.

• Keep the Court Attendance Notice, bail papers, AVO paperwork and any police documents.
• Write down the court date, court location and every condition that applies to you.
• Ask for advice before contacting a complainant or protected person, even if you believe the contact would be harmless.
• Review the allegation and the available evidence before making a plea decision.

Possible penalties for assault in NSW

In NSW, the possible consequences depend on the exact offence, the facts alleged, whether injury is alleged, any aggravating feature, your history and how the case is dealt with. Outcomes can range from a fine or community-based order to a conviction, and more serious matters can carry imprisonment.

Defences and case strategy

A defence starts with careful evidence review. Legal issues may include what happened, whether force was lawful, identification, reliability of witnesses and the surrounding context. Which issues apply depends entirely on the evidence and charge.

• Self-defence and lawful force: consider the account of events, proportionality and available material.
• Identification and reliability: check whether the evidence reliably identifies the person alleged to have acted.
• Context and the brief: review footage, messages, witnesses and other material before decisions are made.

First offence and no conviction

A court may, in an appropriate case, consider an order without recording a conviction. This is often called a Section 10 outcome. It is not automatic for a first offence and is not available in every circumstance.