Assault Lawyers

assault lawyers
Share on facebook
Share on reddit
Share on twitter
Share on linkedin
Share on email

Why people choose Hamilton Janke Lawyers

Assault Lawyers NSW

Need the best Assault Lawyers?

We offer 24/7 Criminal Defence Services.

All NSW Courts. Outstanding Results.

Claim your obligation-free consultation here.

 

Assault Offences in NSW

There are a number of different assault offences in NSW. The charge will depend on the severity of the injury that the accused is alleged to have caused.  

 

Different types of assault include:

  • Common assault 
  • Assault occasioning actual bodily harm
  • Causing grievous bodily harm or wounding 

 

Common assault 

In NSW common assault is an offence under section 61 of the Crimes Act 1900. 

A person may be charged with common assault if they have intentionally or recklessly applied force to another person. They may also be charged with assault if they have intentionally or recklessly caused another person to apprehend immediate and unlawful violence. 

Conduct that may amount to a common assault includes:

  • Kicking, punching or hitting a person
  • Spitting on a person 
  • Threatening to cause harm to a person 

 

In NSW the maximum penalty for common assault is 2 years imprisonment. 

 

What does the prosecution have to prove? 

You cannot be found guilty of this offence unless the prosecution can prove the following beyond reasonable doubt 

  • You applied force to another person OR you threatened another person with immediate violence; and 
  • You intended to do the above, or you were reckless as to the above; and 
  • The other person did not consent to your behaviour; and 
  • There was no lawful excuse for your behaviour 

 

How do I defend myself against an Assault charge?

If you have been charged with common assault it is vital that you seek legal advice. An experienced assault lawyer will be able to advise you on how to plead and whether there are defences available, such as duress, necessity or self-defence. 

Assault occasioning actual bodily harm 

In NSW assault occasioning actual bodily harm is an offence under section 59 of the Crimes Act 1900. 

The legislation does not provide a specific definition of actual bodily harm. The courts have decided that the harm caused does not need to be permanent, but it must be more than merely transient and trifling. This will usually be met when the injury that is alleged to have been inflicted causes actual bodily harm. 

 

The following injuries may amount to actual bodily harm:

  • Bruises 
  • Scratches 
  • Minor cuts and lacerations 
  • Very serious psychological harm 

 

The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment, or 7 if the offence is committed in company. 

 

What does the prosecution have to prove? 

You cannot be found guilty of this offence unless the prosecution can prove the following beyond reasonable doubt 

  • You applied force to another person; and 
  • You intended to apply the force, or were reckless as to whether force could be applied; and 
  • The other person did not consent to the application of force; and 
  • There was no lawful excuse for your behaviour; and 
  • Your behaviour caused actual bodily harm to the person. 

 

How do I defend myself?  

If you have been charged with assault occasioning actual bodily harm it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available, such as duress, necessity or self-defence. 

 

Causing grievous bodily harm or wounding 

Causing grievous bodily harm or wounding to a person is a really serious offence. Penalties can range from 7 – 25 years imprisonment. 

There are a variety of different offences that you might be charged with if you are accused of inflicting grievous bodily harm on a person. 

The offence youre charged with will depend on whether the police can prove that you intended to inflict harm on the alleged victim. 

 

The different offences include: 

 

What is grievous bodily harm? 

Grievous bodily harm is defined in the Crimes Act. It includes: 

  • any permanent or serious disfiguring of the person, 
  • any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
  • the destruction of the foetus of a pregnant woman, whether or not the woman suffers any other harm, (other than in the course of a medical procedure) 

 

What is wounding? 

An injury which breaks the interior layer of the skin (called the dermis) is classified as wounding under the law. Merely piercing the top layer of the skin will not amount to wounding

Wounding is commonly caused by a weapon (such as a knife), but this is not a requirement under the law. 

 

Alternative verdicts 

It is important to note that the legislation contains an alternative verdict provision for intent and reckless GBH offences. This means that if the judge or jury acquits you of one offence, they may still find you guilty of another. 

For example, if you have been charged with causing grievous bodily harm with intent but the jury decides that you did not intend to cause the injury, they have the power to convict you of reckless grievous bodily harm instead. 

 

Need the best Assault Lawyers in NSW?

If you have been with an offence involving wounding or the infliction of grievous bodily harm it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available, such as duress or self-defence. Contact our expert Assault Lawyers now.

Videos

Reviews

Murray Rivers
"I highly recommend Hamilton Janke Lawyers at times of great stress and uncertainty."
Read More
James Janke has represented me in 2 very different matters. As a result of his representations and advocacy, one issue was withdrawn and the other received the best result possible. In relation to the client, James is a clear communicator, explains all possible outcomes clearly and frankly. In court, James is a talented and respected advocate. I highly recommend Hamilton Janke Lawyers at times of great stress and uncertainty.
Simon Drew
"5 stars guys"
Read More
5 stars guys , I found your service professional, switched on with the law, kind courtesy and cooperation... I would have given you 10 stars for the performance...
Jarrad Tapper
"James secured me a very lenient sentence which honestly blew my expectations."
Read More
Highly Recommend! James attention to detail was meticulous and his communication of all possible outcomes etc was exceptional. James secured me a very lenient sentence which honestly blew my expectations.
Jay H
"Helped me enormously and achieved a great result."
Read More
Fantastic guys. Super professional, dedicated, understanding and tenacious. Nothing was a problem and they made me feel incredibly comfortable. They both made a hugely stressful situation as easy as it could be. Helped me enormously and achieved a great result. I cannot recommend them enough. Don't bother with anyone else - Drew and James should be the first and only stop if you require representation. Thank you both so much.
Gary Kay
"James was always available and made sure that I properly understood my options"
Read More
Hamilton Janke assisted me with my legal matter. James was always available and made sure that I properly understood my options. His knowledge of the law was invaluable. Highly recommend
Adam Baruzzi
"I will definitely be using his services in the future if need be. Thanks again James."
Read More
I could not be happier with the services I received from my lawyer James Janke. He is extremely efficient and professional. He was responsive to my phone calls and emails and was available to answer any questions I had. I will definitely be using his services in the future if need be. Thanks again James.
Arnold Tammekand
"He went way above what we expected and we were rewarded with a wonderful just result"
Read More
Drew Hamilton is an extremely professional yet caring lawyer who always gives his all to his clients. He went way above what we expected and we were rewarded with a wonderful just result - would recommend time and time again including his helpful front end staff

24/7 Emergency Defence Services for Criminal & Traffic Offences

Contact Us

Most people receive a reply within 24 hours.

Your privacy is very important to us.