A conviction for an assault or violence offence can derail your life. Beyond the immediate threat of a custodial sentence, a violent criminal record can permanently restrict your employment opportunities, ability to travel overseas, and professional licensing.
At NS Criminal Lawyers, we understand that physical altercations are rarely black and white. Often, there is a complex backstory involving provocation, self-defence, or simply a misunderstanding. We meticulously analyze police evidence, interview witnesses, and build robust defence strategies designed to have charges dropped, downgraded, or dismissed.
Under the Crimes Act 1900 (NSW), an assault occurs when a person intentionally or recklessly applies physical force to another person without their consent. However, the law goes further—an assault can also occur if a person acts in a way that causes another to apprehend immediate and unlawful violence, even if no physical contact is made.
"Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years."
— Section 61, Common Assault
The least serious form of assault, typically involving threats, spitting, pushing, or hitting where no significant physical injury is caused. Even though it is considered "common," it still carries serious penalties and a criminal record.
Charged when the assault results in a recognizable injury that is more than merely transient or trifling. Examples include severe bruising, deep scratches, or psychiatric injuries resulting from the incident.
Reckless or intentional GBH involves causing permanent or serious disfigurement, such as broken bones or internal injuries. Wounding involves breaking both layers of the skin. These are strictly indictable offences with severe prison terms.
Up to 2 years imprisonment and/or $5,500 fine.
Up to 5 years imprisonment (or 7 years if committed in company).
Up to 10 years imprisonment (14 years in company).
Up to 25 years imprisonment.
Our lawyers rigorously scrutinize the prosecution's case to establish valid legal defences, which may include:
You acted to defend yourself, someone else, or property, and your response was reasonable in the circumstances as you perceived them.
You were forced to commit the act due to threats of death or serious injury, or an extraordinary emergency.
The physical contact was an accident or a reflex action, lacking the requisite intention or recklessness.
We systematically dissect police briefs, CCTV, and witness statements to find inconsistencies.
We frequently negotiate with police to have charges downgraded or withdrawn before trial.
We provide transparent, fixed-fee structures for most assault pleas and hearings.
Violent incidents often happen after hours; we are always available for urgent legal advice.
