The maximum penalty for Common assault is two years imprisonment. Although, these penalties are typically reserved for the worst offenders. If you intend to plead guilty, we have a proven track record of keeping our clients out of jail and also having no conviction recorded for Assault occasioning actual bodily harm.
The penalties for the various types of offences vary depending on the nature of the offence and the offender's criminal history. However, all carry a possible term of imprisonment with some being more than 10 years.
In NSW, common assault is an indictable offence that is charged under section 61 of the Crimes Act 1900. Usually offences of common assault in NSW are dealt with by a Local Court, however the prosecution can request to have the matter addressed by the District Court.
Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. Third-degree felony: Up to 10 years in prison, fine of up to $10,000. Second-degree felony: Between 2 to 20 years in prison, fine of up to $10,000. First-degree felony: Between 5 years to life in prison, plus a fine.
Legislation governing common assault in NSW
Common assault is an offence under section 61 of the Crimes Act 1900. It carries a maximum penalty of two years imprisonment.
Misdemeanor assaults are the least serious among assault and battery crimes and usually don't involve serious injury. This crime might be referred to as simple assault in your state.
Examples of common assault include unwanted touching, pushing, squeezing, spitting, and throwing of objects with the intent to injure another. Common Assault can also include verbal threats of violence, but only if there is a possibility that the perpetrator can realistically act on the threats.
He was accused of assault. = He was charged with assault. = Assault charges were brought against him. She was wanted (by the police) for assault with a deadly weapon.
Assault—an unlawful physical attack or threat of attack—is the most common violent crime in the United States. Aggravated assault is an attack, with or without a weapon, resulting in serious physical injury, such as broken bones, lost teeth, or internal injuries.
It is a Commonwealth offence for you to attempt to depart Australia without permission, even if you still have a valid passport. If you make any such attempt, your passport may be seized, and you may be detained and prosecuted.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
Any person who has been assaulted is entitled to make a claim as against the assailant. It does not matter who the assailant is. It may be a family member, a neighbour or a stranger.
This period is known as the 'waiting period' or 'crime-free period' and is generally 10 years where a person was dealt with as an adult and 5 years otherwise (3 years in NSW).
Australian law differentiates among five specific types of assault, such as common assault, unlawful wounding, assault causing bodily harm (battery), assault causing serious bodily harm (aggravated assault, aggravated battery), and sexual assault.
One of the most prevalent crimes in Australia is sexual assault, with the largest proportion of victims being female.
Serious assault means an assault involving violence upon another person, for example occasioning serious bodily harm, sexual assault.
Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone.
An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.
'Common Law Assault' carries a maximum penalty of 5 years imprisonment whereas 'common assault' only carries a maximum penalty of 3 months imprisonment.
Darby v DPP (2004) 61 NSWLR 558 distinctly defines assault and battery: “an assault is an act by which a person intentionally or perhaps recklessly causes another person to apprehend the immediate infliction of unlawful force upon him; a battery is the actual infliction of unlawful force.
Common assault
It is committed if a person assaults or beats another person. A crime of common assault under the Summary Offences Act carries a maximum penalty of a fine of 15 penalty units or three months imprisonment.
Although there are a range of defences available at law, the most common defence in cases of Common Assault is self-defence. If a person is genuinely acting only to defend themselves, they cannot be found guilty of Common Assault.
Self-defense is one of the most common forms of defense any assault attorney will use to reduce charges or have them thrown out altogether. Self-defense in assault cases means that you can prove that the person your client attacked was a threat or form of harm against them.