Assault Charges
Legal Defence in Sydney
Award-winning Sydney law firm recognised every year among the city’s best.
Book your consultation
Call us now on 1800 911 129 or fill out the form below
Assault Charges
Legal Defence in Sydney
Award-winning Sydney law firm recognised every year among the city’s best.
Book your consultation
Call us now on 1800 911 129 or fill out the form below
Accused of assault? Get Sydney’s most trusted criminal defence lawyers fighting for your future.
Assault Charges – Legal Defence in Sydney
Assault charges in New South Wales are among the most common — and most misunderstood — criminal offences. Whether it’s a minor altercation or a serious accusation involving bodily harm, the legal consequences can be devastating. At Best Criminal Lawyers Sydney, our team defends clients across all types of assault matters, helping them navigate the criminal justice system with strength, skill and dignity.
What is Considered Assault in NSW?
Under the Crimes Act 1900 (NSW), assault refers to any unlawful act that intentionally or recklessly causes another person to apprehend immediate and unlawful violence — even if no physical contact occurs. This includes actions like threats, aggressive behaviour, pushing, striking, or spitting.
Where physical harm is caused, the charge may be upgraded to more serious forms of assault. The law also considers the intent, degree of harm, and the context (e.g. domestic, public, or police-related) when determining charges and penalties.
Common Assault Offences We Defend
Common Assault (Section 61) Assault Occasioning Actual Bodily Harm (ABH) Reckless or Intentional Grievous Bodily Harm (GBH) Assault Against Police or Emergency Workers Domestic Violence-Related Assault Affray (fighting or violence in public places)
Penalties for Assault in NSW
Penalties vary depending on the type of assault and aggravating factors such as the use of weapons, prior convictions, the identity of the victim (e.g., police officer), or whether the act occurred in company (with others).
Common Assault: Up to 2 years imprisonment (Local Court) ABH: Up to 5 years, or 7 years if committed in company GBH: Ranges from 10 to 25 years depending on severity and intent Assault Police: Up to 5 years; more if bodily harm results
Real-World Examples of Assault Offences
Assault charges often arise from complex and emotionally charged situations. Examples include:
A disagreement outside a pub that turns physical Domestic arguments resulting in police intervention Security personnel accused of excessive force False accusations after a heated breakup or custody dispute
Possible Defences to Assault Charges
Our team examines every detail to determine whether the charge is valid, and whether legal defences apply. These may include:
Self-defence (protecting yourself or someone else) Lack of intent Consent (e.g., sports-related incidents) Identification issues or false accusations
How We Handle Assault Matters
Our lawyers take a methodical approach to defending you:
Analysing CCTV and forensic evidence Gathering character references and background material Making formal submissions to withdraw or downgrade charges Preparing for defended hearings or negotiating early pleas
Facing assault charges in Sydney? You’re not alone.
Assault offences in New South Wales range from minor altercations to serious incidents involving bodily harm. But no matter the charge, the consequences can affect your freedom, your job, and your future. At Best Criminal Lawyers Sydney, we have years of experience defending clients in all types of assault matters — from common assault to grievous bodily harm and police-related charges. We know how prosecutors build cases, and we know how to challenge them. If you’ve been accused of violence, speak to a defence lawyer today.
We Represent Clients Across All NSW Courts
From Sydney’s busiest Local Courts to the District Court for serious matters, our criminal lawyers regularly appear in:
Downing Centre Local Court Parramatta Local & District Court Burwood, Fairfield, and Liverpool Courts NSW District and Supreme Courts
Get Help Early – It Can Change Everything
Early intervention can often make the difference between a conviction and a dismissal. We may be able to negotiate with police, divert your matter under Section 10 (no conviction), or guide you through a mental health application or diversion program.
Call (02) 8806 0866 or book a free consultation now.
FAQs
Your Questions Answered
What should I do if I’ve been charged with assault?
Stay calm and do not speak to police without legal advice. Anything you say can be used against you. Contact a criminal defence lawyer immediately — early legal support can improve your chances of avoiding a conviction.
Will I go to jail for assault in NSW?
Not necessarily. While some assault charges carry prison terms, outcomes depend on the seriousness of the offence, your criminal history, and available defences. In many cases, we successfully negotiate reduced charges or non-custodial outcomes.
Can I get assault charges dropped or downgraded?
Yes, in some cases. Our lawyers regularly engage with police prosecutors to have charges withdrawn, downgraded to less serious offences, or diverted through non-conviction options like Section 10 dismissals.
What is the penalty for common assault?
The maximum penalty is 2 years imprisonment. However, many clients avoid jail through strong legal advocacy, especially if they are first-time offenders or the circumstances were minor.
Do I need a lawyer if it’s a minor assault?
Absolutely. Even a minor assault charge can lead to a criminal record, which can impact your job, travel, and reputation. A good lawyer will help you avoid long-term consequences and protect your legal rights.
Can I claim self-defence in assault cases?
Yes. Self-defence is a valid legal defence if you reasonably believed it was necessary to protect yourself or another person. We examine evidence like CCTV and witness testimony to support this defence.