Defending your rights with dedication and expertise
Assault charges in New South Wales encompass a range of offences involving the intentional application of force or the threat of force against another person without their consent. These charges can vary from common assault, which includes minor physical altercations or threats, to aggravated assault, which involves more serious harm or the use of a weapon. Penalties depend on the severity of the offense and the circumstances surrounding it, with consequences ranging from fines and community service to imprisonment.
BOOK A FREE CONSULT
Offences
Common Assault
It is a criminal offence under section 61 of the Crimes Act 1900 (NSW) to assault any person although not occasioning actual bodily harm.
An assault is an physical act which a person either intentionally or recklessly causes another person to apprehend immediate and unlawful violence without that other person’s consent.
If you have been charged with the offence of common assault, the police must establish, beyond a reasonable doubt that:
- Your conduct or actions caused another person to apprehended immediate and unlawful violence;
- You did so Intentionally or recklessly; and
- Without the other person’s consent or a lawful excuse.
Examples of a common assault including striking, slapping or the throwing of an object at another person (even if the object does not touch the other person).
Defences:
If you have been charged with a common assault pursuant to section 61 of the Crimes Act 1900 (NSW), the following defences are available:
- Self Defence
- Duress
- Necessity, or
- Lawful correction
If you have been charged with a common assault, the available penalties are:
- Section 10 dismissal (no conviction recorded)
- Conviction with no further penalty
- Fine
- Conditional release order without conviction
- Conditional release order with conviction
- Community corrections order
- Intensive corrections order
- Full time imprisonment
If you have been charged with an offence of common assault, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced and passionate criminal lawyers dedicated to defending your rights and achieving the best outcome for you.
BOOK A FREE CONSULTAssault Occasioning Actual Bodily Harm
It is an offence pursuant to section 59 of the Crimes Act 1900 (NSW) to assault another person occasioning actual bodily harm.
If you have been charged with the offence of assault occasioning actual bodily harm, the police must prove that you:
- Applied force, hit or touched another person;
- Intentionally or recklessly
- Without that persons consent or without lawful excuse; and
- Your actions caused that person to suffer harm.
Section 59 does not define actual bodily harm.
In McIntyre v R (2009) 198 A Crim R 549 at [44] typical examples of injuries capable of amounting to actual bodily harm include scratches and bruises.
If you have been charged with an assault occasioning actual bodily harm, the following defences are available to you:
- Self defence
- Lawful correction of a minor
- Duress, or
- Necessity
The available penalties for the offence of assault occasioning actual bodily harm are:
- Section 10 dismissal (no conviction recorded)
- Conviction with no further penalty
- Fine
- Conditional release order without conviction
- Conditional release order with conviction
- Community corrections order
- Intensive corrections order
- Full time imprisonment
If you have been charged with an offence of assault occasioning actual bodily harm, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
BOOK A FREE CONSULTStalking and intimidation offences
It is an offence pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 to stalk or intimidate another person with the intention of causing that other person to fear physical or mental harm.
If you have charged with an offence of stalk or intimidate, the maximum penalty for this offence is 5 years imprisonment or a $5,500 fine, or both.
In order for the police to establish the offence, they must prove beyond a reasonable doubt, that you:
- Stalked or intimidated another person;
- With the intention of causing that person to fear physical or mental harm;
If you have been charged with the offence of stalk and intimidate, the defences available are:
- It didn’t happen
- You did not intend to cause the other person to fear physical or mental harm, or
- The alleged conduct does not amount to stalking or intimidation
Examples of stalking and intimidation
- Volumes of calls, emails, and text messages particular when the person has asked you not to stop contacting them
- Threats of violence
- Attending a persons residence, work or other places associated to them without their consent or permission
The available penalties for the offence of stalking or intimidation pursuant to section 13 of the Crimes (Domestic and Personal Violence) Act 2007 are:
- Section 10 dismissal (no conviction recorded)
- Conviction with no further penalty
- Fine
- Conditional release order without conviction
- Conditional release order with conviction
- Community corrections order
- Intensive corrections order
- Full time imprisonment
If you have been charged with stalking or intimidation, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
BOOK A FREE CONSULTWounding and Grievous Bodily Harm
Wounding and Grievous Bodily Harm
What is wounding or grievous bodily harm with intent?
Grievous bodily harm includes a permanent or serious disfiguring of the person, destruction of a foetus and any grievous bodily disease.
Wounding involves the breaking of the skin.
If you have been charged with an offence of wounding or causing grievous bodily harm, in order for you to be found guilty, the prosecution must prove beyond a reasonable doubt that you:
- Wounded or caused grievous bodily harm to another person; and
- You intended to
Cause grievous bodily harm to that person or another person; or
You were reckless as to causing to the wounding or grievous bodily harm (you ought to have known that your actions would cause physical arm and you proceeded to carry out the action
The maximum penalty for this offence is 25 years imprisonment which is reserved for the most serious types of offences of this category.
Defences
- Self defence
- Did not intend to cause wounding or grievous bodily harm
If you have been charged with an offence of wounding or grievous bodily harm, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
BOOK A FREE CONSULTChoking / Suffocation or Strangulation
It is an offence pursuant to section 37 of the Crimes Act 1900 (NSW) to intentionally choke, suffocate or strangle another person without the other person’s consent.
If you have been charged with the offence of choking, suffocation or strangulation, the prosecution must prove beyond a reasonable doubt that you:
- Choked, suffocated or strangled another person;
- Intentionally; and
- Without that persons consent or without lawful excuse.
If you have been charged with an offence of choking, suffocating or strangling another person without their consent you should seek legal advice. Call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
BOOK A FREE CONSULTAffray
Affray
An affray is often described as a disturbance of peace and occurs when a person threatens or uses violence against another person causing a person of reasonable firmness to fear for their safety.
If you have been charged with an offence of Affray, the police must prove beyond a reasonable doubt that you:
- Used physical violence or threatened to use physical violence against another person;
- Did so intentionally;
- Yor conduct would cause a person of reasonable firmness present at the scene to fear for their safety
- Without a lawful excuse
Maximum penalty: 10 years imprisonment
Defences
- Duress
- Necessity
- Self defence
If you have been charged with an affray, call our criminal law specialists today on 0413 478 367 to arrange a free consultation. We are experienced criminal lawyers dedicated to vigorously defending your rights and achieving the best outcome for you.
Case Studies
Our client was charged with the offence of common assault following a physical altercation with his brother in the family home.
Our client was 39 years old at the time with a relatively minor criminal history and held a high position within Sydney Trains for the last 20 years. He had a need to not have a conviction recorded in order to maintain his employment within Sydney Trains.
Upon our advice, our client entered a plea guilty at the earliest opportunity. We worked closely with our client to prepare his subjective case and material to tender on sentence including referrals to programs.
Anna Tang, our principal, appeared for our client at Liverpool Local Court. Our submissions and the material tendered presented a strong case highlighting the fact that he had a limited record and needed to maintain his employment. We secured a conditional release order without conviction for our client and he was able to maintain his employment within Sydney Trains.
Our client was charged with a number of domestic violence offences including intentionally choke person without consent, common assault and intimidation offences against his partner, the complainant.
The prosecution alleged that our client pushed the complainant against a wall, choked her and made threats towards her after consuming a number of alcohol beverages. The complainant provided a version which was recorded and played in court.
The matter proceeded to a defended hearing at Raymond Terrace Local Court. We worked diligently with our client to prepare his defence. We vigorously cross-examined the complainant and tested the credibility and reliability of her evidence.
The Magistrate found her evidence to be inconsistent and unreliable and accordingly, we secured a not guilty verdict for our client.
Our client was charged with common assault against his ex-partner, the complainant.
The prosecution alleged that our client pushed the complainant which led her to fall backwards onto the road. The complainant provided a version which was recorded and played in court.
We worked diligently with our client to prepare the defence case. The matter proceeded to a defended hearing at Blacktown Local Court. Our principal, Anna Tang, vigorously cross-examined the complainant and tested the credibility and reliability of her evidence. We also raised a defence of self defence.
The Magistrate found our client to be witness of truth accepting that his actions amounted to self defence and ultimately, we secured a not guilty verdict for our client.
Our client was charged with the offence of assault occasioning actual bodily harm following a physical altercation with partner where she had thrown a iPhone at her partner’s head which caused a wound and blood.
Our client was 25 years old at the time and a mother. She also had aspirations to join the Navy and therefore, had a need to not have a conviction recorded. Upon our advice, our client entered a plea guilty at the earliest opportunity. We worked closely with our client to prepare material to tender in her sentence proceedings.
Anna Tang, our principal, appeared for our client at Liverpool Local Court and secured our client a conditional release order without conviction and she was able to pursue her career ambitions of joining the Navy.
Why Choose Tang Criminal Lawyers
Dedication
We apply ourselves diligently to each and every case, there is no case too small or too big for us to defend.
Trust
We are known for our highly skilled knowledge and expertise in criminal and traffic law.
Results
We are expert criminal defence lawyers and you can count on us to always deliver.
Care
We exercise care and diligence over each and every case and we will stop at nothing to achieve the best outcome for you.
We’re dedicated to achieving the best results possible.
Enquire today for a Free Initial Consultation
Call 0413 478 367 Enquire Online
