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” or a no-conviction Conditional Release Order.
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 or a no-conviction Conditional Release Order 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 (1)(a)
- Section 10 (1)(c)
- Conditional Release Order - without conviction
- Section 10A
- Conditional Release order - with conviction
- Community Correction Order
- Intensive Correction Order
- 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 are without a doubt 100% there to support you through Your whole ordeal reassuring you all the way My experience from finding Fourtree Lawyers on Google in a fairly unsure position, reading the reviews to the successful outcomes was the only referral I had, believe me when I say you will be happy with their experience in all fields of law which is insurmountable and they will obtain the best favourable outcome in any circumstance. Fourtree Lawyers are there for you to bring things back into perspective...
“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.
No conviction CRO | 2 x Common Assault (DV) | Wyong Local Court |
Our client is a 37-year-old female who lives on the Central Coast with her husband and 3 children. She works part-time and supports her husband who suffers from chronic back pain and is unable to work.
Our client had been in the middle of cooking a meal for her family when a relative entered her home and confronted her about a longstanding issue. A disagreement took place and a physical exchange ensued. Our client was charged with 2 counts of Common Assault. Each offence carries a maximum penalty of 2 years imprisonment and a $5,500. A conviction for an assault-related offence would have seen our client’s ability to work in aged care and be involved in her children’s school in jeopardy. Solicitor Denise McCarthy made submissions to the Magistrate as to our client’s sincere remorse, her previous good character, unblemished record and contribution to the community.
The Magistrate found our client guilty of the offence however without proceeding to conviction ordered him to enter into a Conditional Release Order with a 12-month good behaviour bond. This is similar to a Section 10(1)(b) under the new sentencing reforms. Our client was extremely relieved to be able to maintain her clean criminal record and to finally put this unfortunate incident behind them.
Case Dismissed | Affray, 2 x Assault Occasioning Actual Bodily Harm T2 | Gosford Local Court
Our client, a 24-year-old male who lives on the Central Coast with his partner, was charged with affray and 2 counts of assault occasioning actual bodily harm T2. The maximum penalties for these offences are 10 years imprisonment and 5 years imprisonment respectively. Solicitor Kevin Vierboom conducted negotiations with the police to obtain agreed facts in this matter. Mr. Vierboom made extensive submissions to the Court with regard to whether or not the conduct by our client was unlawful in the circumstances of this case. Following consideration of these submissions, the Magistrate formed the view that our client’s conduct was indeed not unlawful in the circumstances. The Magistrate dismissed the matter and our client was free to go. Our client was extremely grateful for the outcome of this case.
Section 32 - Common Assault, Stalk Intimidate - Gosford Local Court - 19/10/2017
Our client was a 42 year old male, the father of a young child who was embroiled in a family law dispute. He had been retired from the Police Force with PSTD after a distinguished career of service to the community. He was charged with common assault and stalk intimidate after a misunderstanding during an arranged parenting handover. He strenuously denied the allegations and after all of the aspects of the case were considered solicitor Kevin Vierboom made a Section 32 Application under the Mental Health (Forensic Provisions) Act 1990. After hearing extensive oral and written submissions and consideration of a detailed psychiatric report, Magistrate Brennan allowed the section 32 application and dismissed the charges on the condition that our client enter into treatment under the care of his psychologist.
Charge dismissed | Assault occasioning actual bodily harm | Kempsey Local Court
Our client, a 44-year-old who is a FIFO mine worker in Perth and the Northern Territory, was charged with the offence of assault occasioning actual bodily harm. The maximum penalty for this offence is 5 years imprisonment and our client faced the prospect of losing his employment in the mines with a criminal conviction.
Our client entered a "not guilty" plea and Solicitor Kevin Vierboom represented our client in the defended hearing at Kempsey Court. Extensive submissions were made by Mr Vierboom during cross examination with regard to the timing, admissibility and strength of the prosecutions evidence before the Court. The Police Prosecutor vigorously defended their case however after consideration of the submissions, Magistrate Thomas dismissed the charges.
Our client was extremely relieved with the outcome and was able to move on with his life without the burden of a criminal conviction on his record.
Charges Withdrawn | Assault Occasioning ABH and Contravene ADVO | Gosford Local Court
Our client, a 27-year-old male who lives with his wife on the Central Coast. He was initially charged with Breach of AVO, Common Assault and Intentionally Choke. The maximum penalty for Intentionally Choke is imprisonment for 10 years. Our client was on a Student Visa undergoing an application to become a permanent resident and was at risk of being deported.
Solicitor Kevin Vierboom made extensive submissions to the Magistrate who ordered a 12-month Intensive Corrections Order. Our client was very relieved with this outcome. However, eight days after sentencing our client was accused of contacting and assaulting the victim which he strenuously denied. He was subsequently charged with Assault Occasioning Actual Bodily Harm (ABH) and Contravene an ADVO.
Our client was taken into custody and refused bail. The maximum penalty for Assault Occasioning ABH is 5 years imprisonment. At the Courthouse, Solicitor Kevin Vierboom entered into negotiations with the Police Prosecutor and the charges were eventually withdrawn due to lack of evidence.
Our client was extremely relieved. He was immediately released from custody.
Common Assault | Conditional Release Order without Conviction | Gosford Local Court
Our client is a 22-year-old male who lives on the Central Coast. He uses sign language as his main form of communication as he was born profoundly deaf. There were several challenges to overcome in relation to conferences with our client and at Court. An Auslan interpreter was arranged to appear with our client at each Court attendance in order to interpret the Court proceedings
Our client was charged with Common Assault following a dispute with his housemate who is also profoundly deaf.
The maximum penalty for the offence of Common Assault is a fine of $5,500 and/or imprisonment for 2 years.
Our client had never come to the attention of the Police previously and had never appeared before a Court. The thought of this process was very distressing for him and caused him considerable anxiety.
Principal Solicitor Kevin Vierboom made representations to Police to amend the ‘agreed facts’. Kevin attended Gosford Local Court for the sentencing and made submissions in mitigation of the penalty. Our client was found guilty, but without proceeding to conviction, and sentenced to a Conditional Release Order for 12 months.
Our client and his parents were overjoyed with the outcome and the fact that a conviction was not recorded against him. He is exceedingly happy that he can now put this experience behind him and move on with his life and career.
Charge dismissed | Common Assault T2 | Gosford Local Court
Our client is a 48-year-old male who lives on the Central Coast. He is employed as a cleaner and has 3 daughters. He had been in a 9-month relationship with a new partner (the alleged victim) up to the date of the alleged incident. Our client was charged with Common Assault under s61 of the Crimes Act 1900, an offence carrying a penalty of up to 2 years imprisonment and a $5,500 fine.
On the day in question our client picked up the alleged victim upon her return from Sydney. After driving her home, an altercation took place where an allegation of domestic violence (common assault) was made by the alleged victim. The alleged victim attended Gosford Police Station 6 days later.
Our client instructed us that he had not touched the alleged victim. The matter was set down for hearing at Gosford Local Court on the 4th October 2018. Our solicitor Kevin Vierboom made submissions to the Magistrate that there was insufficient evidence to find a conviction for common assault. The Magistrate found that there was insufficient evidence to prove the prosecution’s case beyond reasonable doubt, resulting in the charges against our client being dismissed.
Common Assault, Destroy or Damage Property, Larceny | All Charges Dismissed | Wyong Local Court
Our client is a 56 year old male who holds university qualifications in education.
Our client was involved in an ongoing dispute over borrowed money and power tools. He was referred to us by a friend of his who had been represented by Fourtree Lawyers.
Our client was extremely troubled by the situation in which he found himself. He was concerned about the impact that a criminal conviction would have on his career. After reviewing the Police Facts with our legal team, our client instructed us to enter a plea of "not guilty" to each of the alleged charges.
The maximum penalty in the Local Court for Common Assault is a fine of $5,500 and/or imprisonment for 2 years. The maximum penalty for Destroy or Damage Property is a fine of $2,200 and/or imprisonment for two years. The maximum penalty for Larceny is a fine of $2,200 and/or imprisonment for 2 years.
Principal Solicitor Kevin Vierboom attended Wyong Local Court for a defended hearing. After Mr Vierboom's extensive cross examination of the Police, the victim, the witnesses and the defendant the Magistrate ordered that all three charges against our client be dismissed.
The client was overjoyed with the result. It was such a relief for him to have all the charges dismissed and have the matter finalised in such a positive way.
Common Assault & ADVO | Dismissed | Gosford Local Court
Our client is a 47-year-old male who lives with his fiancée, her two children and his two children 50% of the time.
Our client’s stepson has a history of violent physical outburst which had been getting considerable worse. On the day of the incident our client and his fiancée were at home with her children and her daughter’s friend. Her son began to get angry and violent and it escalated to a point where he was both a danger to his sister and her friend but also himself. Our client was asked by his partner for help in calming his stepson down. In the process our client restrained the child to ensure the safety of all parties. A neighbour saw this occur and called the Police.
The Police attended the home and our client complied fully. Our client was notified of an interim AVO being put into place and was charged with Common Assault T2 which carries a maximum penalty of 2 years imprisonment and/or a fine of $5,500.00.
A not guilty plea was entered. Solicitor Erin Nulty and Barrister John O’Sullivan attended upon Gosford Local Court. Prior to the hearing it was conceded by the Police Prosecutor that he would not be able to disprove self-defense. This was then raised with the Magistrate who saw it fit to dismiss the charge and the Application for the AVO.
Our client was overjoyed with the result and the dismissal of the charge and the AVO.
Section 10(1)(b) | Assault Occasioning Actual Bodily Harm and Destroy Damage Property | Gosford District Court
Our client, a 35-year-old female who lives in Sydney was charged with Assault Occasioning Actual Bodily Harm and Destroy or Damage to Property. The maximum penalty for this offence is 5 years imprisonment. Our client is a highly regarded health professional. She was previously a person of good character and was very remorseful for her actions. She was undergoing treatment for depression and anxiety at the time and a diagnosis of Borderline Personality Disorder was made after the incident.
At first instance, the Local Court Magistrate convicted our client and imposed a Section 9 good behaviour bond. A decision was made to appeal the severity of the sentence to the District Court as a criminal conviction would have ended her career. Solicitor Kevin Vierboom made extensive submissions to the Judge on appeal who, after some persuasion dismissed the charges and ordered a 2-year period of good behaviour under section 10(1)(b).
Our client was extremely relieved at the outcome of her case.
Charges Dismissed, Costs Order Made against the Police | Common Assault | Gosford Local Court
Our client was a 27-year-old male charged with a domestic violence-related common assault. Solicitor Kevin Vierboom prepared the case following a plea of "not guilty".
After a hearing which spanned three separate court appearances, the Magistrate ruled that the prosecution witnesses were unreliable and the charges were dismissed.
An order for costs was granted by the court in relation to a vacated court date.
To Kevin, Jane and especially M/s Denise McCarthy, This is the 2nd time you have helped us with a MUCH better than expected outcome. The professional, dedicated detail and representation which was provided to us has resulted on both occasions an outcome far surpassing our expectations. We highly recommend Fourtree Lawyers to anyone requiring legal representation and cannot give enough praise to Denise McCarthy for her expertise advice and presentation. Thanking all at Fourtree Lawyers Merry Christmas and a safe and happy new year