Leading Assault Criminal Lawyers
Criminal Lawyers In Sydney For Assault Offences
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Criminal Lawyers In Sydney For Assault Offences
There are a range of assault offences in New South Wales – from common assault, assault occasioning actual bodily harm (which requires the infliction of an injury that is more that just ‘transient or trifling’, to ‘wounding’ – in other words, penetrating both layers of the skin, or inflicting grievous bodily harm (GBH) – or ‘really serious harm’ – recklessly (being where a person was unaware this court occur but proceeded regardless), to intentionally wounding or causing GBH.
Types of assault?
- Common Assault
- Assault Occasioning Actual Bodily Harm (AOABH)
- Wounding or Reckless Wounding
- Assault Police:
What is a Common Assault?
A Common Assault is a criminal offence defined under Section 61 of the Crimes Act 1900 – “Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”
A common assault is any act by which a person intentionally or reckless causes another to apprehend immediate and unlawful violence, or strikes, touches or applies force to another, without legal justification. It cannot be a mere omission.
Key elements of Common Assault in NSW include:
- Intention or Recklessness: The person committing the assault must either intentionally cause physical or psychological harm to another person or act recklessly, knowing that their actions could result in harm.
- Physical or Psychological Harm: Common Assault can involve both physical harm, such as a physical attack or touching without consent, and psychological harm, which may include threats or intimidation that cause another person to fear for their safety.
- Lack of Consent: Generally, Common Assault involves actions without the consent of the person affected.
It is important to seek legal advice from our Assault Lawyers to understand the details and potential consequences of Common Assault charges in NSW.
What is an Assault Occasioning Actual Bodily Harm?
The offence of Assault Occasioning Actual Bodily Harm falls under Section 59 of the Crimes Act 1900:
(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.
(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
This offence is more serious than common assault and involves causing actual bodily harm to another person intentionally or recklessly.
Penalties for Assault Occasioning Actual Bodily Harm can include:
- Fines
- Good behaviour bonds
- Community service
- Imprisonment
The specific penalties imposed may vary based on factors such as the severity of the harm, the presence of any aggravating factors, and the defendant’s criminal history.
It is important to consult with our Assault Criminal Lawyers for your Assault charge. We will be able to advise of any complete defences available and the best strategy to deal with your case.
What is a Wounding or Reckless Wounding offence?
The specific charge is often framed as “Wounding” or “Reckless Wounding,” and it is governed by Section 33 of the Crimes Act 1900. A wounding is the breaking of both layers of the skin, being the dermis and epidermis. When done reckless or intentionally, wounding another person can amount to a criminal offence.
Penalties for Assault Occasioning Actual Bodily Harm can include:
- Fines
- Good behaviour bonds
- Community service
- Imprisonment
It’s crucial to seek legal advice from our Assault Lawyers if facing Wounding charges in NSW, as the legal consequences can be severe.
What is an Assault Police offence?
Assaulting a police officer, New South Wales (NSW) is a serious criminal offence that is addressed under specific provisions of the law. Section 58 of the Crimes Act 1900 (NSW) outlines the offence of Assaulting, Resisting, or Wilfully Obstructing a Police Officer in the Execution of their Duty.
Key points regarding Assault Police in NSW include:
- Â Assault
- Resisting or Obstructing
- In the Execution of Duty
Individuals facing charges related to Assault Police in NSW should seek legal advice from our Assault Lawyers to understand the specific implications of their case and to build an appropriate defence strategy.
Leading Assault Lawyers
Being charged with an assault offence can be a difficult and stressful process, but it is important to be aware the prosecution is required to prove every ‘essential element’ of the offence beyond a reasonable doubt, and also to disprove to the same high standard any legal defence (such as self-defence, duress or necessity) that is raised on the evidence. Our Assault Lawyers will defend and assist you from the beginning to the end of your matter.
Steven Mercael​
Principal Lawyer​
