CHARGED WITH ASSAULT IN NSW?
Have you been charged with Assault in NSW? This article will explain what happens next.
Be sure to contact our team at Criminal Lawyers Group for a free consultation. A criminal charge of assault can have serious consequences, so it’s important to be represented by our award-winning team, who were recently awarded the title of best assault lawyers in NSW.
Contact us now for a free consultation to discuss your assault matter and your options.
WHAT TYPE OF ASSAULT HAVE I BEEN CHARGED WITH?
Criminal charges of assault are prevalent in NSW and the Courts regularly hear matters of Assault. Each year, there are thousands of assault matters before the Courts in NSW. However, if you have been charged with assault, it is important to know that there are different types of assault charges.
The first step after you have been charged with assault is to understand which type of assault you have been charged with.
Most assault charges in NSW are captured under Section 61 and Section 59 of the Crimes Act 1900 (NSW).
Section 61 – Common Assault
Section 61 of the Crimes Act 1900 (NSW) deals with Common Assault and constitutes the criminal offence of common assault as having occurred when the offender assaults any person, although not occasioning actual bodily harm.
The actual definition of assault is not defined in the legislation, but rather through common law and is interpreted to be any act by which a person intentionally or recklessly causes another person to fear immediate and unlawful violence, or the actual application of unlawful force.
Common assault can result out of the raising of a fist during an argument, even if no physical force occurred.
Can I go to jail for Common Assault?
Yes, a criminal conviction of common assault can result in a punishment of up to two years imprisonment.
Other penalties available for a conviction of common assault include an Intensive Correction Order (ICO), Community Correction Order (CCO), Conditional Release Order (CRO) and a Fine.
Section 59 – Assault Occasioning Actual Bodily Harm
Section 59 of the Crimes Act 1900 (NSW) deals with Assault Occasioning Actual Bodily Harm and constitutes the criminal offence as having occurred when the offender assaults a person and thereby causes actual bodily harm on the victim.
Actual Bodily Harm is not defined in the legislation but is interpreted through common law as any hurt or injury calculated to interfere with the health or comfort of the victim that is not required to be permanent but is more than merely transient or trifling.
Can I go to Jail for Assault Occasioning Actual Bodily Harm?
Yes, a conviction of the criminal offence of assault occasioning actual bodily harm can result in up to 5 years imprisonment. If committed in company of another person or persons, the maximum increases to 7 years imprisonment.
Other penalties available for a conviction of Assault Occasioning Actual Bodily Harm include an Intensive Correction Order (ICO), Community Correction Order (CCO), Conditional Release Order (CRO) and a Fine.
IMPORTANT NEXT STEP – GETTING BAIL ON AN ASSAULT CHARGE
You may be granted bail whilst your assault matter is in progress and it is important to do so, for the sake of your own liberty and capacity to commit to your legal matter. Your bail is likely to come with conditions, although you may seek to have the conditions varied.
Our expert bail lawyers at Criminal Lawyers Group were awarded the best law firm in Australia for securing bail for our clients who have been charged with serious criminal offences, including assault offences.
AVO IN ASSAULT MATTER
If you have been charged with Assault, it is likely that police will seek an AVO. This is not a criminal conviction, although it is still crucial to receive legal advice when dealing with an AVO application.
FIRST COURT LISTING FOR ASSAULT MATTER
The first Court listing is referred to as a ‘Mention’ and is not the trial. It is administrative in nature although important to be legally represented by an expert criminal lawyer. Contact us now for a free consultation.
MR MERCAEL SECURES WITHDRAWAL OF ASSAULT CHARGES
Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured the withdrawal of charges for a client who had been charged with Assault.
This result is among the latest of a continuous record of successful Assault outcomes achieved by Mr Mercael and Criminal Lawyers Group, who were recently awarded the titles of Best Assault Lawyers in Sydney and NSW.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of Assault, contact our expert assault lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail and the withdrawal of charges for our clients across NSW who have been charged with the criminal offence of Assault.