Assault Charges, Penalties and Assault Defence
Assault charges are an extremely serious offence, if you have been charged with assault, you need to contact the criminal lawyers at George Sten & Co for legal advice. Engaging an experienced criminal lawyer can make or break your case and here at George Sten & Co, we have over 50 years experience in criminal law. We have a deep knowledge and understanding of the law and the court system and can use this to your advantage.
Have you been arrested for assault? Are you in custody? We have a stellar track record achieving bail applications our bail lawyers are available 24 hours a day and can assist you with a weekend bail application. Call our office today.
What is assault?
Assault is a somewhat vague and very wide area of law. It comes under Part 3 of the Crimes Act 1900 (NSW), which covers crimes against a person. It is an act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence. It is not the violence itself, but the actual fear of that violence which is the crux of the offence of assault.
There are several offences in the area of assault, including:
- Assault causing death
- Assault causing death when intoxicated
- Assault causing grievous bodily harm
- Assaults involving police officers / Resisting Arrest Charges
- Assaults at schools
- Common assault
- Sexual assault
- Aggravated sexual assault.
- Indecent assault charges
- Kidnapping – Detaining A Person Without Consent
Each of these offences is different and has different elements, which need to be proven by the prosecution.
You do not have to cause bodily harm or grievous bodily harm to be guilty of an offence. For example, section 61 of the Crimes Act 1900 (NSW) states that whoever assaults another person, whether they have caused bodily harm or not is guilty of the offence of common assault and liable for up to 2 years imprisonment.
On the more serious side of the spectrum is an area of assault, which you would have seen on the news and current affairs recently, this is assault occasioning death. The new one-punch laws mean that if you assault someone and they die as a direct or indirect result of the assault, you can be imprisoned for up to 20 years. If you were intoxicated at the time, then a mandatory minimum sentence of 8 years must be imposed and the maximum sentence is 25 years imprisonment.
Examples of assault offences
As mentioned previously, there are several assault offences outlined in the Crimes Act 1900 (NSW). Some examples of acts, which may constitute assault, include:
- Domestic violence;
- Having a physical altercation with somebody and causing them an injury;
- Having a physical altercation with somebody without causing them injury;
- Intentionally hitting someone and killing them;
- Some forms of in school bullying; or
- Engaging in sexual intercourse with somebody without their consent.
Assault offences are very serious and hence do involve severe penalties. Penalties range from fines and good behaviour bonds to imprisonment. All forms of assault, except for common assault will result in a criminal conviction, meaning that the offence will be recorded on your criminal record. A criminal conviction will have a weighty affect on your life, limiting job prospects and ability to travel overseas.
For common assault offences, we may be able to help you avoid a criminal conviction. The specialised criminal lawyers at George Sten & Co are available 24 hours to provide legal advice. If you have been charged with an assault offence, then you should book an urgent appointment at George Sten & Co Criminal Lawyers as soon as possible. Call us on (02) 9261 8640 or email us . If you have an urgent matter, call our 24 hour phone line, 0412 423 569.
George Sten & Co also has Chinese speaking Criminal Lawyers available to assist you in our Sydney Office
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