If you think you have problems with being questioned or charged by the Police regarding any assault, contact The Criminal Law Centre today on 02 9891 4200 or fill out an enquiry form here. Paul Wiggins is available to help you 24/7. With over 33 years of experience and over 4,000 court attendances, you’ll be in the right hands.
There are different types of assault. They include:
- Common Assault
- Assault Occasioning Actual Bodily Harm
- Wound or grievous bodily harm with intent
- Reckless grievous bodily harm or wounding
In NSW, common assault is considered the least serious assault. Its maximum penalty is 2 years imprisonment. There are a number of penalties available to the court besides a full time gaol imprisonment when considering penalty. The difference with common assault and other assaults is that the injury generally is not too serious.
Examples of common assault are:
- Raising your fist of threatening someone (no physical contact is required for an assault to occur)
- Physically striking someone without causing actual bodily harm.
- Mere use of words may in certain circumstances amount to a common assault. Threats made over the telephone have been considered to be more than mere words. It all depends on the circumstances of each individual case. Mere silence, as in being involved in a telephone call and not speaking may also constitute a common assault.
You should consider whether there are any one or more defences available to you if you are charged with any type of assault type of offence (including any form of violence). Defences that should be explored are:
- Self defence/defending another person or property
- A case of mistaken identity
- Consent from the complainant/victim
- Complete lack of intention
The ramifications of an assault conviction can be serious. Call us today for a free appraisal of your case.
Before you engage any criminal defence lawyer please note that these types of matters are, potentially serious in the extreme, and MUST be negotiated (where relevant and permissible at law) and ultimately resolved with great care that gives you the opportunity to utilise the wisdom and substantial experience only available to you by a very senior specialist criminal defence lawyer.