Assault refers to the use or threat of force against another person. In NSW, there are various types of assault charges. The degree of seriousness of each assault offence will depend on the degree of harm inflicted on the complainant.
Being charged with assault can be a difficult and stressful experience. If you are considering appointing a lawyer to assist you, it is important that you speak to an experienced criminal lawyer who has the knowledge and track record in defending and winning assault cases.
Assault charges in NSW most commonly fall into three categories, the first being the most prevalent:
- Common Assault
- Assault Occasioning Actual Bodily Harm
- Recklessly Causing Grievous Bodily Harm
Common Assault
A person can be charged with Common Assault if they have intentionally or recklessly applied force to another person.
Examples of Common Assault include:
- Kicking, punching or hitting a person
- Spitting on a person
- Threatening to cause harm to a person
The maximum penalty for Common Assault is two years in prison.
Assault Occasioning Actual Bodily Harm
Assault Occasioning Actual Bodily Harm carries a maximum penalty of five years in prison and can have a significant impact on your life and future.
Some examples of Actual Bodily Harm injuries include bruises, scratches, cuts, grazes and swelling.
Recklessly Causing Grievous Bodily Harm
Recklessly Causing Grievous bodily harm (GBH) carries a maximum penalty of 10 years’ imprisonment, or 14 years if the offence is committed in company.
Recklessly causing GBH is a “Table 1” offence, which means it can be dealt with in the Local Court unless the Prosecution or Defence elects to have the matter dealt with in the District Court. If the matter is finalised in the Local Court, the maximum penalty is 2 years’ imprisonment.
Being charged with assault can be a difficult and stressful experience. If you are considering appointing a lawyer to assist you, it is important that you speak to an experienced criminal lawyer that has the knowledge and track record in defending and winning assault cases.
If you are facing assault charges in Newcastle or the surrounding areas, you will need an experienced criminal lawyer on your side. Book a free consultation with one of our criminal lawyers by calling our office on 02 4058 5844 or contact us via email.