Common assault under section 61 of the Crimes Act 1900 (NSW) is the most frequently laid assault charge in the state, carrying up to 2 years' imprisonment and dealt with in the Local Court. No injury, and sometimes no physical contact at all, is required to found the charge.
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Common assault under section 61 of the Crimes Act 1900(NSW) carries a maximum penalty of two years' imprisonment, but is almost always finalised in the Local Court, with outcomes ranging from a Section 10 dismissal to a fine, a good behaviour bond, or a Community Correction Order. Whether you end up with a criminal record depends on whether the prosecution can prove you intentionally or recklessly caused unlawful contact, or fear of it, and how your matter is defended or negotiated from the outset.
Section 61 of the Crimes Act 1900 (NSW) makes it an offence to assault another person without causing actual bodily harm. The offence covers two distinct kinds of conduct, and only one of them requires any physical contact at all.
In practice, common assault charges span an enormous range of conduct — a single shove during a dispute outside a licensed venue, repeated low-level pushing between family members, or a raised fist that never made contact. Police in NSW routinely charge common assault as an alternative, or in addition to, more serious assault charges when the injury threshold for Assault Occasioning Actual Bodily Harm isn't met, which is why so many matters that feel comparatively minor still end up before a Magistrate.
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
— Section 61, Common Assault
This maximum penalty has stayed unchanged for decades, but how it's actually applied has shifted considerably. Courts today place far more weight on early intervention programs, character evidence and the specific dynamic between the parties than they once did, which is part of why the way your case is prepared from the outset can matter as much as the facts of the incident itself.
Read our full guide on common assault charges in NSW for a closer look at how these matters are prosecuted and defended.
| Circumstance | Maximum Penalty | Court | Typical Outcome |
|---|---|---|---|
| Standard common assault (s61) | 2 years imprisonment | Local Court | Section 10, fine, or a good behaviour bond for a first, low-level offence |
| Domestic violence-flagged assault | 2 years imprisonment | Local Court | An ADVO is usually sought alongside; courts weigh victim protection and deterrence more heavily |
| Repeat offence or prior record | 2 years imprisonment | Local Court | Community Correction Order or, in serious cases, full-time imprisonment becomes realistic |
A maximum penalty is rarely the actual outcome. Your prior record, the seriousness of the conduct, and the quality of your legal representation all shape where your matter lands within this range.
No two common assault matters look the same, and the right defence depends entirely on how the alleged incident unfolded. Depending on the facts of your matter, our lawyers may raise:
If you believed your actions were necessary to protect yourself or someone else, and your response was reasonable in the circumstances as you saw them, this is a complete defence under section 418 of the Crimes Act. It can apply even if you struck first, provided your response was proportionate to the threat you reasonably perceived at the time.
Mistaken identity or an incident that did not unfold the way it has been described. Witness accounts of fast-moving altercations are frequently inconsistent, and CCTV, phone footage or an independent bystander can often resolve the conflict one way or the other.
Where contact was genuinely accidental, one of the essential elements of the offence cannot be proven and you must be acquitted. This commonly arises in crowded venues, sporting contexts, or workplace settings where incidental contact is easily mistaken for deliberate conduct.
Relevant in contact sport and similar situations, where the complainant is taken to have accepted a degree of physical contact inherent in the activity. It rarely extends to conduct that goes well beyond what the activity ordinarily involves.
Where you acted only because of a genuine, immediate threat, or to avoid a greater harm, these narrow defences may be open to you. Courts examine closely whether you had any safer alternative available at the time.
Most common assault matters resolve within a few months of the initial charge, though contested hearings can take longer while a court date is allocated. Understanding each stage helps you know what to expect and when key decisions, such as how to plead, actually need to be made.
You are either charged and bailed by police, or issued a Court Attendance Notice requiring you to appear at a Local Court on a set date. Getting advice at this earliest stage shapes everything that follows.
At your first appearance, you (or your lawyer) indicate whether you intend to plead guilty or not guilty, and the police brief of evidence is served. The court will typically set a timetable for the next steps.
Your lawyer reviews the brief for weaknesses, and can negotiate with police prosecutors to have charges withdrawn, downgraded, or facts amended before any plea is entered. Many matters are resolved favourably at this stage without ever reaching a hearing.
If you plead not guilty, the matter is listed for a defended hearing where evidence is tested, including any cross-examination of the complainant and other witnesses. If you plead guilty, or are found guilty, the Magistrate proceeds to sentencing submissions instead.
The Magistrate delivers a verdict or sentence, ranging from a Section 10 dismissal or bond through to a Community Correction Order or, in serious matters, imprisonment. Character references and evidence of remorse can materially influence where the outcome lands.
A common assault charge can feel deceptively minor, but the consequences of a recorded conviction are anything but. Our approach is built around identifying, early, whether a defence, a negotiated withdrawal, or a Section 10 outcome is realistically achievable, and then building your case around that goal from the first appointment onward.
We assess whether a Section 10 dismissal or non-conviction outcome is realistically available to you from your very first appointment, and build your case around protecting that outcome.
We scrutinise the police brief, witness statements and any available footage for inconsistencies that can be tested at hearing, rather than accepting the police version at face value.
We offer transparent, fixed-fee structures for common assault pleas and hearings, so you know the cost upfront and can budget for your defence with confidence.
Charged after hours or on a weekend? Our experienced Sydney defence team is always available for urgent advice, including at the police station itself.
Facing a more serious assault charge, or one involving injury? See our general assault lawyers Sydney page, or read our detailed guide to common assault charges in NSW.
Author: Muhammad Siddique, Criminal Defence Lawyer | Reviewed by: NS Criminal Lawyers and Associates | Last reviewed: July 2026 | Jurisdiction: New South Wales
The information on this website is general information only and is not legal advice. You should obtain legal advice about your specific circumstances.
