Assault & Violence Charges in NSW

Being charged with an offence involving assault or violence is an incredibly serious matter. These charges are treated with severity by the NSW courts, and a conviction can lead to life-altering consequences, including a criminal record and, in many cases, imprisonment.

The law surrounding assault is complex, and the definition of what constitutes an “assault” is much broader than many people realise. If you have been charged, it is vital that you understand the allegations against you and secure expert legal advice as quickly as possible.

What Constitutes an Assault?

In NSW law, an assault is not limited to acts that cause physical injury. The charges can range significantly in seriousness, depending on the nature of the act and the level of harm caused.

• Common assault: This is the least serious form of assault. Critically, it does not require any physical contact. An act that causes another person to fear immediate and unlawful violence can be enough to establish a charge of common assault. Of course, it also includes acts of unwanted physical force, such as pushing or spitting, that do not result in any significant injury.

• Assault occasioning Actual Bodily Harm (AOABH): This is a more serious charge, where the assault results in an injury that is more than “transient or trifling.” This can include injuries like significant scratches, bruises, or a black eye.

• Wounding or Grievous Bodily Harm (GBH): These are among the most serious assault charges. “Wounding” involves breaking the skin, while “Grievous Bodily Harm” refers to a “really serious” injury, such as a broken bone, permanent disfigurement, or internal injuries. The penalties are substantially higher if the offence is found to have been committed with intent.

Apprehended Violence Orders (AVOs)

Charges of assault are often accompanied by an Application for an Apprehended Violence Order (AVO). An AVO is a court order made to protect a person from future violence, intimidation, or harassment.

It is important to understand:

1. Types of AVOs: There are two types: Apprehended Domestic Violence Orders (ADVOs) for those in a domestic relationship, and Apprehended Personal Violence Orders (APVOs) for all others (e.g., neighbours, colleagues).

2. An AVO is not a criminal charge: The initial order is not a criminal conviction.

3. Breaching an AVO is a criminal offence: If you breach any of the conditions of an AVO, you will be charged with a criminal offence that carries heavy penalties, including potential imprisonment.

Potential defences to assault charges

Being charged does not automatically mean you will be found guilty. There are a number of potential defences to assault charges that an experienced lawyer can explore. The most common of these is self-defence, where it can be argued that your actions were necessary to defend yourself, another person, or your property, and that the force you used was a reasonable response in the circumstances. Other defences can include a factual dispute (arguing that the events did not occur as the police allege) or a lack of intent.

How we can help

At Ridge Legal, we understand the fear and uncertainty that come with facing a violence-related charge. Our team provides robust, strategic, and non-judgmental legal representation to protect your rights and secure the best possible outcome.

Our expert criminal lawyers can:

• Provide immediate advice if you have been arrested and represent you in a bail application.

• Thoroughly analyse the police brief of evidence to identify weaknesses in the prosecution’s case.

• Negotiate with police, in appropriate cases, to have charges withdrawn or downgraded to a less serious offence.

• Provide clear advice on your prospects of success and the best strategy for your defence.

• Represent you in all AVO-related court proceedings.

• Prepare your case meticulously and advocate powerfully on your behalf at a court hearing or trial.

• If you choose to plead guilty, we will prepare and present compelling submissions to the court aimed at minimising the penalty you receive.

If you or someone you know has been charged with an assault or is facing an AVO, it is critical to get expert legal advice immediately. Contact Ridge Legal for a confidential discussion about your case.

Disclaimer: The content of this article is intended to provide general information only and does not constitute legal advice. You should seek tailored legal advice for your specific circumstances before taking any action.