Charges of assault are one of the most common that are laid in NSW. Being charged with such an offence must be taken seriously as severe penalties can be imposed such as fines, good behaviour bonds, imprisonment, weekend detention and community service orders.It is important to realise that assault does not necessarily require physical contact, but can also include threats of violence or harm.
Common Assault
Common assault is the least serious of the assault offences and the Police often charge people with this offence. Generally speaking, it is applicable where it is alleged that one person assaults another but does not cause any lasting injury or scarring. However the penalties can be severe and imprisonment is not out of the question. The offence of common assault is outlined in section 61 of the Crimes Act (NSW). If you are convicted of common assault, the maximum penalty is two years imprisonment.
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm is the second most serious form of assault. It is applicable where an alleged assault has resulted in injury which is not permanent, for example where a person’s skin is broken or bruised. This offence is outlined in section 59 of the Crimes Act (NSW). If you are convicted of assault occasioning actual bodily harm it is possible that you will be imprisoned. The maximum penalty is 5 years imprisonment. There are even tougher penalties if you have been charged and convicted of this offence whilst in the company of another person or persons. The maximum penalty in this case is 7 years imprisonment.
Attempts to Choke
The charge of attempt to choke is treated extremely seriously by the courts and lengthy imprisonment terms can be ordered by the Court if you are convicted of this offence. The maximum penalty is 25 years imprisonment. The offence of attempt to choke is outlined in section 37 of the Crimes Act (NSW). If you have been charged with an attempt to choke, it is imperative that you seek legal advice. Contact us on (02) 9521 2222 to speak with one of our criminal lawyers today.
Reckless Grievous Bodily Harm or Wounding
Under section 35 of the Crimes Act (NSW), the Police can charge you with reckless grievous bodily harm or wounding. Under this section there are several forms of this offence. In determining which offence to charge you with, the Police will consider whether you were in the company of anyone else, whether you wounded someone and whether you inflicted grievous bodily harm. Depending on the particular offence you are charged with maximum penalty can range from 7 years imprisonment up to 14 years imprisonment.
Assault During Public Disorder
It is possible that you can be imprisoned for assault during public disorder and thus you should take this charge seriously. This offence is outlined in section 59A of the Crimes Act (NSW), which states that it is an offence where a person assaults any person during a large-scale public disorder. If, as a result of the assault, actual bodily harm is caused, the maximum penalty is imprisonment for 7 years. If no actual bodily harm is caused, the maximum penalty is 5 years imprisonment.
Defences
If you have been charged with any type of assault, there may be a defence available to you. Often charges of assault arise as a consequence of alleged violence between several people, which can lead to several charges being laid against several people. Sometimes the alleged victim is also involved in perpetrating the violence and this causes confusion in determining ‘who started it’ and who was merely defending themselves. Some of the defences that are available are self-defence, duress and necessity.
How can a Criminal Lawyer Help?
If you have been changed with an assault offence, there are a number of ways you can proceed. It may be possible to have your charge withdrawn or reduced by the Police. It may be an option to defend your matter or it may be in your best interests to plead guilty.
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