Assault Occasioning Actual Bodily Harm Criminal Lawyers Sydney
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Assault occasioning actual bodily harm: What is it?
Assault Occasioning Actual Bodily Harm is an offence under section 59 of the NSW Crimes Act.
It carries a maximum penalty of 5 years imprisonment in the District Court or 2 years imprisonment and/or $5,500 fine in the Local Court.
It is any physical assault that causes injury that is more than ‘transient or trifling’.
This includes any lasting cuts, redness, swelling or bruising.
The injury does not have to be permanent.
Examples of injuries that may not be enough to constitute actual bodily harm include slight redness or scratching, or minor sprains that go away quickly.
PLEADING NOT GUILTY TO AN OFFENCE OF ASSAULT OCCASIONING ACTUAL BODILY HARM
You don’t have to plead guilty just because the police papers say so. Often they will tell you what the possible sentence outcomes are and that you should plead guilty however you should be very careful to follow the advice of our criminal lawyers who specialise in these offence types.
In fact, the police ‘facts’ often claim that you caused ‘actual bodily harm’ when the injuries are not serious enough to amount to actual bodily harm.
If you wish to plead not guilty, it is important for your assault criminal lawyer to fight for the case to be dropped or, if the injuries are not serious enough, to ask for the charge to be reduced to the less serious charge of ‘common assault’.
Your lawyer can have your case dropped or reduced by:
- Obtaining any statements and materials that support your case,
- Writing and advising the prosecution of inconsistencies and other weaknesses in the case against you, including that there is insufficient proof that the injuries constitute ‘actual bodily harm’
- Advising the prosecution that you have a valid defence, and
- Pressing for the withdrawal of the case.
If the prosecution refuses, your criminal lawyer should have a proven track record in winning cases of actual bodily harm and – where there is strong evidence that you did assault someone – getting them reduced to ‘common assault’.
PLEADING GUILTY TO AN OFFENCE OF ASSAULT OCCASIONING ACTUAL BODILY HARM?
If you committed the offence and the police can prove so, we want to get you a better result than anyone else. We often negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge, so you get a lighter sentence.
The maximum penalty for Assault occasioning actual bodily harm is five years imprisonment in the District Court or two years imprisonment in the Local Court. Although, these penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including having no-conviction recorded for Assault occasioning actual bodily harm.
WHY CHOOSE CRIMINAL LAWYERS GROUP?
Our criminal lawyers are experts at obtaining the best outcome possible for assault occasioning actual bodily harm offences. For these offences, a greatlawyer can be the difference between a conviction and no criminal record and freedom or jail. We offer senior lawyers to represent you through the difficult court appearances.
We don’t:
- Make false promises
- Provide junior lawyers
- Guarantee outcomes
To discuss your assault occasioning actual bodily harm charge, call Criminal Lawyers Group today to book an initial free consultation.
Case Studies for Clients charged with Assault Occasioning Actual Bodily Harm
Case Study
Mr Steven Mercael represented a woman who had been subject to a horrendous and traumatising career assisting police and the armed forces. She dealt with death and violence as a normal part of day-to-day life. She was charged with assault occasioning actual bodily harm when she “glassed” a person while drinking at a pub. Mr Mercael was able to prove that his client was not of a sound mind at the time of offending and due to her significant trauma and exposure. He asserted she should be dealt with by way s32, now known as a s14. The magistrate agreed, and not only did his client avoid prison, but she also didn’t receive a conviction. This was yet another great result for Criminal Lawyers Group leading Criminal Lawyer and Principal, Steven Mercael.
Case Study
Steven Mercael appeared for a high-profile client charged with assaulting his wife. He successfully argued for a s14 before the presiding magistrate. You can read about the case here: Sydney pop star Dennis Dowlut spared conviction for assault on wife Alisha Oxley | news.com.au — Australia’s leading news site.
Steven Mercael
Principal Lawyer
