Assault Offences
Common assault, assault occasioning actual bodily harm, reckless wounding, grievous bodily harm and affray. Defence, plea and sentencing representation.
Charged With Assault
Assault charges cover a wide range of conduct and the consequences vary considerably with the level of harm alleged and the surrounding circumstances. Often the real questions are who started the incident, whether self-defence applies and whether the injuries are properly characterised. We act in assault matters from common assault in the Local Court through to wounding and grievous bodily harm in the District Court.
Common Assault Charges in NSW
Common charges include common assault, assault occasioning actual bodily harm, reckless wounding, reckless grievous bodily harm, wounding or grievous bodily harm with intent, and affray. Each carries a different maximum penalty and level of seriousness.
How Severity Is Assessed
Common assault requires no physical injury at all, only the application of force or a reasonable apprehension of imminent violence. Actual bodily harm requires injury that is more than transient or trifling, while grievous bodily harm involves really serious injury, including permanent disfigurement.
Building your defence
Proof, Self-Defence and Other Defences
The prosecution must prove the act causing the harm, that it was intentional or reckless, and, for the more serious charges, the degree of injury alleged. Self-defence is available where the conduct was a reasonable response to a genuinely perceived threat, and other issues can include a lack of intent or identification disputes.
Evidence and Likely Outcomes
Assault matters commonly rely on CCTV or body worn video, medical records, photographs of injuries and witness statements, and the reliability of that evidence is often central to how the matter should be run. Outcomes range from a section 10 dismissal for a minor, isolated incident through to full time custody where serious injury or a weapon is involved.
How Shah & Co Lawyers can assist
We assess the evidence and the available defences from the day the brief lands.
Common Assault and ABH
Representation in common assault and assault occasioning actual bodily harm matters.
Wounding and GBH Matters
Defence of reckless wounding, reckless grievous bodily harm and offences involving intent.
Public Order Offences
Representation in affray, riot and related public order charges.
Self-Defence Cases
Preparation of self-defence and other available defences where the evidence supports them.
What the court considers
- The degree of harm actually caused to the complainant.
- Whether any weapon or object was used.
- Whether the conduct was provoked or occurred in self-defence.
- Your criminal history and any relevant subjective factors.
Frequently asked questions
General information only. Every matter turns on its own facts.
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Domestic violence charges, related AVOs and breach of AVO proceedings. We act for both accused persons and protected persons.
View Domestic Violence MattersSpeak with a solicitor about your assault charge.
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