Assault

Assault charges are laid when there is intentional use of force against another person. There are many different levels of assault in NSW and you do not necessarily need to come into contact with the alleged victim to still be found guilty of assault.

NSW “One Punch Laws” will result in your imprisonment for a minimum of 8 years if you are intoxicated when you assault someone and they fall and hit their head resulting in death.
At the other end of the scale, if you assault someone causing Grievous Bodily Harm or even death, you could liable to 25 years’ imprisonment.
If you have been charged with a violent offence, call us now to seek advice.

Types of Assault:

  • Common Assault

    Common assault has a low threshold and you do not need to make contact with another person to be found guilty of this offence. You can be charged with Common Assault if you commit any action (real or intended) that causes immediate fear of unlawful violence. If found guilty of this offence, then the most serious penalty is imprisonment for up to 2 years.

    More commonly this charge is applied when the defendant allegedly assaults another person without actually causing injury or if they simply make threats of violence. However, spitting on someone or throwing something at another person can also constitute an assault.

    The court has the option to impose a range of sentences including but not limited to:

    • Dismissing the matter without conviction
    • Imposing a fine
    • Issuing a good behaviour bond
    • Community Service Order
    • Suspended Sentence
    • Intensive Correction Order
    • Home detention
    • Imprisonment (Jail) for up to 2 years
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    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Assault Occasioning Actual Bodily Harm

    Assualt ocassioning actual bodily harm is charged when someone is injured or their body is harmed in some way. The injury or bodily harm could be as little as a red mark or a scratch and as serious as a fractured cheek-bone.

    Anyone who assaults another person and causes injury or bodily harm, can be liable to 5 years’ imprisonment. If this occurs in the presence of another person, then the offence is “aggravated” and the defendant may then be liable to 7 years’ imprisonment.

    However the court has the option to impose a range of sentences including but not limited to:

    • Dismissing the matter without conviction
    • Imposing a fine
    • Issuing a good behaviour bond
    • Community Service Order
    • Suspended Sentence
    • Intensive Correction Order
    • Home detention
    • Imprisonment (Jail)
    Click here for the law
    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Reckless Grievous Bodily Harm or Wounding

    Anyone who causes grievous bodily harm to another person may be liable to 14 years’ imprisonment.

    However the court has the option to impose a range of sentences including but not limited to:

    • Dismissing the matter without conviction
    • Imposing a fine
    • Issuing a good behaviour bond
    • Community Service Order
    • Suspended Sentence
    • Intensive Correction Order
    • Home detention
    • Imprisonment (Jail)
    Click here for the law
    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Intent to Cause Grievous Bodily Harm

    Anyone who causes grievous bodily harm with intent may be liable to 25 years’ imprisonment.

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    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Causing Grievous Bodily Harm by a Reckless Act

    A person who recklessly causes grievous bodily harm either by wounding in the company of others may face 14 years’ imprisonment. When not in the company of others this sentence may be 10 years’ imprisonment.

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    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Assault Police in Execution of Duty

    This is considered to be a very serious offence and as such the penalties range from a minimum of 5 years’ imprisonment where no grievous bodily harm occurs to 14 years’ imprisonment where grievous bodily harm has been caused to the officer(s).

    Click here for the law
    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Assault Causing Death

    A person who assaults another person and causes that person’s death may face 20 years’ imprisonment. If that person was intoxicated at the time of the assault the sentence increases to 25 years imprisonment.

    Click here for the law
    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

  • Assault Causing Death when intoxicated

    The minimum mandatory sentence for assault causing death when intoxicated is 8 years’ imprisonment.

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    When you contact Talty Law we provide an obligation free assessment of your matter and advise you on the likelihood of a conviction. When you engage Talty Law we will help formulate a legal strategy to achieve the best possible outcome in your case.

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    The content and any linked publications on this website are intended to only provide a general summary and overview on the subject of interest. It is not intended to be or constitute legal advice. Whilst we attempt to update the content the law is constantly changing on this basis we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the Content within this site or any other legal issue.