Common Assault is the least serious form of assault. Threatening to harm or spitting on a person is considered a common assault. Likewise hitting, punching or kicking a person is also a Common Assault where there was no bodily harm or injury to the victim
If you are charged with assault, you will have to go to Court. If convicted by the Court, you will have a criminal record, and you may face imprisonment.
An experienced assault lawyer may be able to persuade the Courts not to record a conviction against you and have the matter dealt with by way of a “section 10” bond.
ABH – Actual Bodily Harm
Actual bodily harm is a temporary or permanent physical or psychiatric injury inflicted by one person on another. If you are charged with ABH the penalties can be harsh.
A conviction for Actual Bodily Harm can result in 5 years imprisonment, for assault resulting in wounding a penalty of up to 7 years imprisonment is possible and if the offence is carried out in the company of another person, up to 10 years imprisonment may apply.
GBH – Grievous Bodily Harm
Grievous bodily harm occurs where the accused has maliciously inflicted a very serious injury on someone. These offences occur when serious injury is occasioned and often involves the use of a weapon. GBH offences are not confined to intentional acts but also encompass “reckless” acts.
These offences are far more serious than Common Assault or ABH and will generally result in a custodial sentence on conviction. Standard non-parole periods apply.
Grievous Bodily Harm with Intent
This class of offence is the most serious of assaults sitting just below an attempt murder charge and carries severe penalties. This assault is committed with a clear intention of causing a really serious injury.
If convicted of Grievous Bodily Harm or Wounding with Intent penalties of up to 25 years imprisonment are not uncommon.
Assaulting or harassing police when they are in the execution of their duty, even if in self-defence, is viewed very seriously by the Courts.
Quite often the slightest contact with a police officer in the execution of their duty will result in you getting charged for assaulting police. You may have been wrongly charged with assaulting police, particularly in a situation where you have been injured or assaulted by a police officer.
We can build a strong defence for you if you feel you have been wrongly charged with this offence.
We are here to help
Fourtree Lawyers have extensive experience defending clients on the Central Coast facing assault charges in Court. From minor Common Assaults to those resulting in serious injury.
Your lawyer can explain and guide you through the entire Court process and work with you to minimise the legal ramifications of your offence.
If a section 10 is not appropriate, our assault lawyers can help reduce any penalties, minimise any fines you may face and help you avoid or minimise a gaol term.
Contact our Central Coast Lawyers on 1300 529 444 as soon as possible. The earlier we can start building the strongest case possible, the higher your chance of getting the best outcome.
If you wish to plead “guilty” we will explain the reasons for the offence including any exceptional circumstances particular to your case to enable the court to take everything into consideration when making a determination.
Possible defences for Assault may include:
- Duress – where the victim threatened to harm you, your family
- Self-defence – you were defending or protecting yourself
- Provocation – you were provoked by the victim
- Necessity – where you or someone else was in imminent peril
- Lawful correction – correcting or punishing a child
To see if any of these defences apply call our Assault Offence Specialists on 1300 529 444 or a free case assessment.
In NSW the following penalties can be imposed by the Court for Assault Offences
- Section 10 no conviction recorded
- Good behaviour bond
- Community service order
- Suspended sentence
- Intensive correctional order
- Home detention
- Up to 25 year’s imprisonment
To find out which likely penalties apply call our Assault Offence Specialists on 1300 529 444 or a free case assessment.
“Kevin and Jane were my “knights in shining armour.” I can’t thank these two people enough. They gave their everything and most important believed me when I told them my story. I am forever grateful for their professional attitude and for giving 100% to free me from my nightmare. I was able to plead guilty but also most importantly was not forced to lie and compromise my integrity and own personal values and standards. I was very happy with the outcome and the way I was treated. They communicated constantly...
Had the most amazing experience with Fourtree Lawyers kevin vierboom who represented my partner was helpful and understanding and we got a great result better then expected 😊 jane hogan, I was so blessed to have her by my side. They are an amazing team and i would recommend them to everyone also great value for money. Especially considering i only called the morning of the court case and they were all over it at my bek and call thankyou so much guys im so appreciative for all your help today
I was lucky enough to have Kevin take my case and am truly grateful for the services he and his team provided. From the outset, I was made to feel comfortable and knew from the first time meeting with them that they would go above and beyond to get the best possible outcome and that is exactly what they did. Fourtree Lawyers provides exceptional service with outstanding results and I would recommend Kevin to anyone and everyone who is in need of these services.
I reached out to Fourtree Lawyers regarding an assault charge that could have destroyed my career if a conviction was laid. Kevin was so understanding and helpful, with no judgment on the matter and excellent communication the whole way through. I told him of what I was hoping to aim for as a charge, and he took that into account, and he achieved an exemplary outcome at court, exactly what I was hoping to get. The fees for Kevin’s services were extremely affordable, they understand that people don’t have a...