VIOLENT ASSAULT
This charge involve any intentional or reckless unapproved touching, occurring when one person attacks another without causing bodily harm. It also includes situations where no physical contact is made, but the actions of one person cause another to fear imminent personal violence.
HOW DOES VIOLENT ASSAULT CHARGE IMPACT AN INDIVIDUAL?
You can be arrested and charged with common assault if you strike or apply force to another person intentionally or recklessly without their consent. Additionally, you can be charged with common assault even without touching another person if your actions cause them to fear immediate and unlawful violence, such as through threats.
Common assault is a serious crime that can result in penalties including imprisonment, community service, hefty fines, probation, and a criminal conviction. Section 62 of the Crimes Act 1900 states, ‘Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years’.
VIOLENT ASSAULT PENALTIES
Those found guilty of common assault may face a maximum penalty of 2 years in jail, though this is typically a last resort. The court can impose a range of other penalties, considering factors such as your past criminal history and the circumstances surrounding the incident.
If you plead guilty, you may request that the court deals with your case through a section 10 dismissal. This is the least severe punishment, where the matter is dismissed, and no criminal conviction is recorded. The court will consider various factors before making this decision.
Alternatively, the court might opt for a section 9(1)b conditional release order without a conviction, requiring you to sign a bond to be of good behaviour for a specified period. Breaching these conditions will result in you appearing before the court again.
Community service is another potential punishment, provided you are deemed suitable through an interview at court or your local community services branch.
Intensive Correction Orders (ICO) might be enforced instead of jail time. Under an ICO, you would be regularly supervised and monitored by a Community Corrections Officer, participate in community service work, and comply with conditions such as counselling, treatment, and abstaining from alcohol. Suitability is determined through an interview.
If you’re facing common assault charges, contact our Sydney-based assault criminal lawyers for a consultation and advice on the penalties specific to your situation.
GUILTY PLEA
If you plead guilty to common assault, the police must prove beyond a reasonable doubt that your actions caused another person to fear immediate personal violence or that you unlawfully touched another person without their consent, either intentionally or recklessly.
A guilty plea often indicates remorse, which might result in a less severe penalty. For instance, if the circumstances are not serious and you have no prior criminal history, the case might be resolved with a section 10 dismissal.
For accurate and honest advice, contact our dedicated criminal defence lawyers to schedule a confidential consultation.
NON GUILTY PLEA
If you plead not guilty to common assault, the police must prove you are guilty as defined by Section 61 of the Crimes Act 1900. If they succeed, the penalties mentioned earlier may be imposed.
Our expert criminal lawyers can challenge these claims by presenting defences that could lead to the dismissal of charges or a reduction in penalties. If the prosecution fails to prove your guilt, you will be found not guilty, and no penalties will be imposed.
DEFENCE STRATEGIES
Our criminal defence lawyers can argue the following defences if you plead not guilty:
Self-Defence: If accepted by the court, the accused is not responsible for the offence because they were defending themselves or another person. The prosecution must prove that the accused wasn’t acting in self-defence.
Accident: The prosecution must prove the assault was intentional or reckless. The defence can argue that the assault was accidental and not voluntary.
Necessity: This defence is used if the accused believed they would be seriously harmed or killed if they didn’t act. The situation must have been urgent, with the act of assault proportional to the threat.
Contact our experienced criminal defence lawyers to discuss your case and defence strategies.
WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER
Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.
Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.
This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.
Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.
Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.