Common Assault Lawyers NSW
What is Common Assault
Common Assault is the most common type of Assault charge to be issued by Police and dealt with by Magistrates before the Local Courts. It is the least serious form of Assault, and it can be proven even in circumstances where no bodily harm or injury was caused to the victim. Common Assault can be an unlawful physical contact of another person, or any conduct that causes that other person to fear immediate personal violence.
Common Assault & The Law
Under Section 61 of the Crimes Act 1900, it is a criminal offence to assault another person. A Common Assault is an assault inflicted upon another person which does not result in actual bodily harm. The injury caused does not need to be severe, nor does it need to cause any lasting injury or scarring.
Examples of Common Assault
Threatening to harm another person
Spitting on a person
Hitting, kicking or punching another person can also be considered Common Assault where no bodily harm or injury to the victim has occurred.
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused person committed a physical act, whose conduct involved striking, touching or verbally threatening with immediate violence towards another person.
The accused committed that act intentionally or with recklessness recklessly
The accused carried out the conduct without the consent of the other person; and
The accused’s actions were without any lawful excuse
It is worthy to note that for this offence, there is no requirement to prove that there was an intention to assault the victim, but rather an indifference or recklessness to one’s own actions is enough.
Going to Court – “What am I looking at?”
If you have been charged with Common Assault, you will have to go before the Court, and if convicted, you will receive a criminal record, and potential further implications such as community service or time in custody. The penalties for Common Assault can be severe, with a maximum penalty of two years imprisonment. At Lawyer Call, we consider each matter on its own merit, however, our experienced lawyers have in the past been able to persuade the Court not to record a conviction and have the matter dismissed and dealt with by way of a Conditional Release Order.
Lawyer Call – Help is just a click away..
At Lawyer Call, we understand that if you or a loved one has been charged with Common Assault, you may be feeling anxious and worried about what will happen next.
Contact our office today, and rest assured you are in experienced and capable hands, working with expert lawyers with a proven track record of great results, having won countless cases of Common Assault even in those circumstances where the Police evidence looked overwhelming and the Prosecution appeared to have a strong case.
We also understand the intricacies of conducting powerful pleas before a Magistrate, where should you wish to plead guilty, our lawyers have an impeccable strike rate of assisting clients avoid criminal convictions.
At every stage of this process, our lawyers will provide useful legal advice, strong representation in Court, masterful negotiation skills with Police and continuous personal support for you and your family throughout this trying time.
Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Assault Defence Team you want on your side.
Call us today and together we will put up the right fight.