Assault Charges NSW

Common Assault

Common assault involves unwanted physical contact, or the threat of it, that does not result in bodily harm. It carries a maximum penalty of two years’ imprisonment. A recognised defence is lawful chastisement of a child, which applies where a parent or guardian uses reasonable force appropriate to the child’s age and the circumstances. This defence does not extend to force applied to the head or neck, or force likely to cause harm lasting longer than a short period.

Assault Occasioning Actual Bodily Harm

This charge applies where the assault causes actual injury, however minor, to the victim. The maximum penalty is five years’ imprisonment, rising to seven years if the offence was committed in the company of another person.

Assault Occasioning Grievous Bodily Harm

Grievous bodily harm is the most serious category of assault and includes permanent disfigurement, a serious disease transmitted to the victim, or the destruction of a foetus (other than through a lawful medical procedure). Several distinct offences sit under this heading:

• Wounding or GBH with intent – up to 25 years’ imprisonment
• Reckless wounding or GBH – up to 7 years
• Reckless wounding in company – up to 10 years
• Reckless GBH – up to 10 years
• Reckless GBH in company – up to 14 years
• Causing a dog to inflict GBH – up to 10 years (5 years where actual bodily harm results)

Assaulting a Police Officer

An officer need not be on duty for this charge to apply; it is sufficient that the assault was carried out because of, or in retaliation for, the officer’s role. Assaulting an officer without causing injury carries a maximum penalty of five years, rising to seven years during a public disorder. Where actual injury is caused, or the officer is wounded or suffers grievous bodily harm, the maximum penalty climbs to seven or nine years depending on the circumstances.

Sexual Assault and Domestic Violence

Sexual assault and offences involving domestic or family violence are treated as their own categories under NSW law, given their complexity and the specific procedures that apply. Speak with our team directly if your matter falls into either category.

Defences to an Assault Charge

• Self-defence: you genuinely and reasonably believed your actions were necessary to protect yourself, another person, or property, or to prevent an unlawful trespass or detention.
• Intoxication: may be available as a defence, but only where the intoxication was not self-induced.
• Consent: relevant in contexts such as contact sport, though it will not apply where the conduct was unlawful, or the harm caused was severe.
• Lawful chastisement: reasonable and moderate physical discipline of a child by a parent, within the limits set out in section 61AA of the Crimes Act.

Sentencing Considerations

Where a person is convicted, the court has regard to a range of mitigating circumstances before deciding on a sentence, such as whether the harm caused was minor, whether the offence was spontaneous rather than planned, provocation by the victim, absence of a prior record, genuine remorse, an early guilty plea, and cooperation with police. Imprisonment is treated as a last resort for less serious offending, with the Local Court able to draw on a range of alternative sentencing options.

Disclaimer: The information above is general in nature and does not constitute legal advice. Every case is different, and you should speak with one of our solicitors about your specific circumstances. Penalties listed are maximum penalties only, and outcomes are determined by the courts on a case-by-case basis.