What to do after a common assault charge
Police may arrest and charge a person or issue a Court Attendance Notice. The immediate priorities are the court date, any bail or AVO conditions, the allegation and the evidence that may be available.
- Keep your Court Attendance Notice, police facts, bail papers and AVO paperwork together.
- Write down the court date, location and every condition that applies to you.
- Do not contact a complainant or protected person if a condition restricts contact.
- Preserve potentially relevant messages, photographs or details without altering or sharing them.
What is common assault in NSW?
Common assault can involve alleged unlawful force, or conduct that intentionally or recklessly causes another person to fear immediate and unlawful violence.
A striking, touching or application of force may be alleged. So may conduct that creates a fear of imminent violence without physical contact.
The prosecution must prove the elements of the allegation beyond reasonable doubt. The real-world context, any lawful excuse and the available evidence matter. An assault charge is not established simply because there was an argument or because two people give different accounts.
What behaviour can count as common assault?
Examples can help explain an allegation, but they do not decide a case.
An allegation can involve unwanted physical contact, such as a push, slap, strike or other application of force. Context, consent and whether force was lawful can matter.
Contact is not required. A gesture, advance or words in their immediate context can be alleged to have made another person fear imminent and unlawful violence. An argument, insult or later threat does not automatically establish common assault; timing, intention and the surrounding evidence matter.
Common assault penalties in NSW
The maximum penalty is not a forecast of your outcome. Section 61 of the Crimes Act 1900 (NSW) provides a maximum of two years imprisonment for common assault prosecuted on indictment.
A maximum penalty marks the upper limit for the offence; it does not tell you what will happen in an individual matter.
The court pathway and any sentence can depend on the exact charge and alleged facts, prior history, evidence available, any plea, and the material put before the court. A conviction, fine, community-based order or imprisonment may each be relevant in different matters.
What if this is your first common assault charge?
A first charge is relevant, but it does not make the result automatic. It does not guarantee withdrawal of a charge, that you will avoid a conviction, or that a Section 10 outcome is available.
In an appropriate case, a court may consider a dismissal or conditional release order without conviction. This is often called a Section 10 outcome, but it is discretionary.
Read more about Section 10 NSW.
Can common assault be defended?
Possible defences begin with a careful review of the evidence. A defence is not a stock argument: the question is whether the prosecution can prove this allegation, against this person, on this evidence.
Issues that may need examination include self-defence or lawful force, identification and reliability, and context, consent and intent. Footage, witnesses, messages and police observations may support or challenge the claimed identification and account.
Common assault court process
Local Court matters have stages and choices. Do not treat the first court date as the end of the case.
- First court date Attend or arrange representation. Check bail conditions, the charge wording and what the court requires next.
- Evidence and advice Consider the police facts, available brief, your account and any material that may matter before deciding how to respond.
- Plea or hearing path A guilty plea and a not-guilty plea lead to different steps. Obtain advice before making a decision with lasting consequences.
- Sentence or hearing A matter may proceed to a defended hearing, or the court may consider sentence material if a plea is entered or the offence is proved.
Official sources
Check current NSW law and process
Common questions
Common Assault NSW: penalties, first offences and what happens next FAQs
What is common assault in NSW?
Common assault can involve intentionally or recklessly applying unlawful force to another person, or causing them to fear immediate and unlawful violence. It does not require an injury, but the exact allegation, context and evidence determine whether the offence can be proved.
What is the penalty for common assault in NSW?
Section 61 of the Crimes Act 1900 (NSW) provides a maximum of two years imprisonment for common assault prosecuted on indictment. The charge, facts, court process, prior history and sentencing material all affect what may happen in an individual matter. A maximum penalty is not a prediction.
What must be proved for common assault in NSW?
The prosecution must prove the elements of the alleged assault beyond reasonable doubt. Depending on the allegation, the issues can include the act or force alleged, consent, intent or recklessness, whether there was immediate fear of unlawful violence, and whether there was a lawful excuse such as self-defence.
What if this is my first common assault charge?
A first charge does not make the allegation minor or guarantee a no-conviction outcome. A court may consider a Section 10 dismissal or conditional release order without conviction in an appropriate case, but that is discretionary and depends on the offence, circumstances, history and material before the court.
Can a common assault charge be defended?
It may be. Possible issues can include self-defence, identification, consent, the credibility or reliability of evidence, what the accused intended, and whether the conduct created a fear of immediate violence.
Will a common assault charge give me a criminal record?
A conviction can have record consequences. Whether a conviction is recorded depends on how the matter is resolved and any order the court makes. Do not assume that a first offence, guilty plea or Section 10 outcome answers every employment, licensing, travel or police-check question.
Is common assault domestic violence?
A common assault charge may be recorded as domestic violence-related where the people have a relevant relationship. There can also be an AVO or bail conditions. Follow every current condition and get advice before contacting the other person.
