Facing assault charges in Sydney is a stressful experience. The legal definitions are complex, and the consequences of a conviction—including potential jail time and a permanent criminal record—can be severe.
At Best Sydney Criminal Lawyers, we act immediately to protect your rights. Whether the allegation involves a minor dispute or a serious injury, this guide explains the charges you face and the defences we use to fight them.
What Constitutes Assault in Sydney?
Legal Definition of Assault
In New South Wales, assault is defined broadly under the common law and the Crimes Act 1900. It does not necessarily require physical contact. An assault can occur if you intentionally or recklessly cause another person to fear immediate unlawful violence (even through words or gestures).
Types of Assault Charges
The severity of the charge depends on the injury sustained and the intent of the accused:
- Common Assault (s 61): The most frequent charge. Involves threats or minor contact (pushing, spitting) with no lasting injury. Max penalty: 2 years.
- Assault Occasioning Actual Bodily Harm (AOBH) (s 59): Where the victim suffers a physical injury, such as bruising, scratches, or swelling. Max penalty: 5 years.
- Grievous Bodily Harm (GBH) (s 33 or s 35): Involves “really serious harm,” such as broken bones or permanent disfigurement. Max penalty: 25 years (if intentional).
Effective Defences for Assault Charges
Just because you have been charged does not mean you are guilty. There are several robust legal defences that, if successful, will result in your acquittal.
Self-Defence (Section 418)
This is the most common defence [Image of person using self defence technique] . Under Section 418 of the Crimes Act 1900, you are not guilty if:
- You believed your conduct was necessary to defend yourself, another person, or your property; AND
- Your response was reasonable in the circumstances as you perceived them.
If we raise this defence, the prosecution must prove beyond reasonable doubt that you were not acting in self-defence.
Accident or Lack of Intent
Assault requires intent or recklessness. If the physical contact was purely accidental—for example, bumping into someone on a crowded train—no crime has been committed.
Duress and Necessity
In rare cases, we may argue that you were forced to commit the act due to a serious threat (duress) or an emergency situation (necessity).
Navigating the Legal Process
From the moment police contact you, your actions matter.
1. Police Investigation and The Right to Silence
Police will ask you to participate in an interview. We strongly advise you to exercise your right to silence. Do not answer questions or provide a written statement without legal advice, as your words can be twisted to support the prosecution’s case.
2. Negotiating with Prosecutors
We frequently negotiate with the Police Area Command or the DPP. This process, known as “charge bargaining,” can often lead to serious charges being withdrawn or downgraded (e.g., reducing a GBH charge to AOBH), significantly lowering the potential penalty.
3. Trial and Sentencing
If the case goes to trial, we cross-examine witnesses and challenge the admissibility of evidence. If you choose to plead guilty, we present character references and psychological reports to the Magistrate to argue for the lowest possible penalty, such as a Conditional Release Order without conviction.
Final Thoughts
Assault charges can escalate quickly. Early intervention by a specialist lawyer is the best way to control the damage. At Best Sydney Criminal Lawyers, we fight to keep your record clean.
Whether it is a claim of self-defence or a case of mistaken identity, we ensure your side of the story is heard. Contact us today for a confidential discussion about your defence.