The offence of aggravated assault is a serious and indictable offence within the NSW justice system, and a conviction can result in severe consequences for the accused. As such, charges of aggravated assault must be dealt with seriously and with the support of experienced criminal lawyers.
The team at Hamilton Janke Lawyers is equipped with the knowledge and experience necessary to navigate these serious allegations, striving to achieve the best possible outcomes for our clients. Whether you’re seeking to understand the specifics of your case or need a robust legal defence, our lawyers are here to provide clear, practical guidance and support.
In NSW, ‘aggravated assault’ is not a specific offence under legislation. However, when an assault charge is carried out in an aggravating manner, the charge will be recorded as aggravated assault.
Anyone who assaults a person without occasioning actual bodily harm will have committed the offence of common assault under section 61 of the Crimes Act 1900 (NSW). There are various assault charges in the act, including:
An assault charge is recorded where no aggravating circumstances occur during the offence, whereas aggravated assault occurs where any of the aggravating factors were present at the time of the offence.
An aggravated crime is a crime that occurs in ‘circumstances of aggravation’.
Aggravating circumstances can increase the severity of an assault charge. These factors are outlined in section 21A of the Crimes (Sentencing Procedure) Act and include:
An aggravated assault charge is an indictable offence pursuant to section 3 of the Criminal Procedure Act 1986. Assault charges are classified as table one offences and therefore indictable under the heading ‘offences against the person’.
Ordinarily, a common assault charge under section 61 of the Crimes Act is dealt with by the Local Court, but the prosecution can arrange for the matter to be heard in the District Court.
The Crimes Act 1900 establishes a penalty for all offences in the Act. For example, the Crimes Act 1900 establishes that a common assault charge carries a maximum penalty of 2 years imprisonment.
The maximum penalty set out for an offence within the Crimes Act 1900 is determined by consideration of the objective seriousness of the offence. The section 21A aggravating factors will be evaluated by the court. The penalty received in circumstances of aggravation will likely be higher than if the offence was carried out without the aggravating factors.
Various criminal defences may be argued by the defence to rebut the charge of an assault in circumstances of aggravation. Successful use of these defences can lead to an acquittal where you are found not guilty of the offence.
The defences to common assault are:
The defences for an aggravated assault charge would be the relevant defences available to the specific assault you have been charged with. E.g. an Aggravated common assault would have the defences available to a standard common assault charge.
If you disagree with the charges made against you, you have the option to plead not guilty. Upon entering a non-guilty plea, to be convicted of the offence, the prosecution must prove the elements of the offence beyond a reasonable doubt.
If you choose to enter a not-guilty plea, the matter will likely proceed to a trial in which your case would be heard before a judge and a jury of 12 citizens. This allows you to provide a defence to the charges made against you if you choose to do so. In these circumstances, an experienced criminal lawyer must guide you through the criminal proceedings and ensure you receive the best outcome.
If you choose to plead guilty to a charge of assault in aggravating circumstances, you are telling the Court that you are responsible for the offence with which you are charged.
After entering a guilty plea, the matter will proceed to sentencing, in which the judge will determine the appropriate sentencing.
Pleading guilty early in proceedings provides the greatest opportunity for a mitigated sentence, with the current maximum discount available for an early plea being 25%. There may also be other discounts available on sentences for providing assistance to authorities, amongst other things.
If the Police allege that you have committed an assault offence in aggravating circumstances, they must establish the offence occurred beyond reasonable doubt.
If you are being charged with criminal offences such as aggravated assault in NSW, it is vital that you seek legal advice and legal representation. Our experienced criminal lawyers will be able to advise you on how to proceed and assist you through every step of the process. Contact our expert Criminal Defence Lawyers now.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.
Going to court? Or maybe you just need advice? Contact us now.
