Assault

How we can help:

We are experienced in dealing with all types of assault offences and can assist in assessing the case and achieving the best result for you.  If you are a suspect or are charged with Assault you should seek our advice.  Timely legal advice can determine if a charge is downgraded or dismissed.  We have experienced trial counsel equipped to contest charges at trial or if you decide to plead guilty, our experience will put you in the best position possible to receive a just outcome in the Courts.

It is important to be aware of exactly what type of assault is alleged against you.  An aggravated offence will generally attract more significant penalties.  

Contact us for advice.

Definition:

The offence of Assault can be committed in three ways:

  1. Any intentional and unwanted physical contact applied to another person; or
  2. By a threat to assault where the victim reasonably believes that the person can carry out the threat or there is a real possibility that they will; or
  3. By accosting or impeding the victim in a threatening manner.

Criminal Law Consolidation Act 1935 s 20(1)

Penalties:

The maximum penalty for a basic offence is up to two years imprisonment.  If you are charged with an aggravated offence the maximum penalty is up to four years imprisonment.  The law allows an aggravated offence to be charged in circumstances specified in s5AA of the Criminal Law Consolidation Act 1935.  Commonly this is where the victim is over 60 years of age or a police officer or a spouse, domestic partner or child of the offender or where an offensive weapon was used.

Where injuries are sustained in the course of the assault this is known as Assault Causing Harm and will attract a higher maximum penalty.  These offences may also be charged as aggravated offences.

Where the harm is such that it endangers or is likely to endanger a person's life, results in serious and protracted impairment of a physical or mental function, or results in serious disfigurement this is known as Causing Serious Harm.  For a basic offence the maximum penalty is 20 years imprisonment, with a maximum penalty is 25 years imprisonment where the offence is aggravated.

Where the serious harm is caused recklessly rather than intentionally the maximums are reduced to up to 15 years for a basic offence and up to 19 years for an aggravated offence.