Common Assault
Common Assault
In New South Wales, common assault is an offence under Section 61 of the Crimes Act 1900 (NSW). This is an offence of violence and usually involves physical contact with a victim. However, physical contact is not always necessary for this offence to apply.
Common Assault can be domestic violence related or personal violence related involving people you do not know. No matter what the situation or the complexity of the offence, our experienced common assault lawyers will fight for you.
What Must the Prosecution Prove?
The prosecution must prove the following elements beyond reasonable doubt:
If Physical Force Was Used:
- Action: The accused hit, pushed, or used any form of physical contact against the victim.
- Consent: The victim did not agree to the contact.
- Intent or Recklessness: intentionally or recklessly caused another person to fear immediate harm or unlawful violence.
- No Legal Excuse: There was no lawful justification for the act.
If No Physical Force Was Used:
- Threat or Gesture: The accused acted in a way that made the victim fear immediate harm or violence.
- Consent: The victim did not agree to the behaviour.
- Intent or Recklessness: The accused either intended to create fear or acted carelessly, disregarding the possibility of causing fear.
- No Legal Excuse: The actions were not legally justified.
What Penalties Could You Face?
The maximum penalty for common assault in NSW is:
- •2 years imprisonment, and/or
- A fine of up to $5,500.
The actual penalty will depend on factors such as the seriousness of the incident and the accused’s criminal record.
If you are a facing domestic violence assault, aggravating factors which can increase the seriousness of the offence can include, the offence occurring in the home and the offence occurring in the presence of children.
What Defenses Are Available?
Defences that may apply to a common assault charge include:
• Denial: You did not commit the alleged act.
• Self-Defence: You acted to protect yourself or someone else from harm.
• Lack of Intent: You did not intend to cause harm or fear.
• Lawful Conduct: Your actions were legally justified, such as reasonable discipline of a child.
• Duress or Necessity: You acted under pressure or had no other choice.
Need Help With Your Case?
Facing an assault charge can be overwhelming, but you don’t have to go through it alone. IMS Lawyers Australia is here to help. Our experienced team will guide you through the legal process and build a strong defence tailored to your case.
Contact IMS Lawyers Australia today for a consultation and take the first step towards resolving your legal matter.
