One of the most common charges brought against people in Australia is for common assault. Indeed, Common Assault in Nsw covers a wide range of incidents, and does not even necessarily involve contact between two people. There are also many defences that can be asserted in order to reduce the penalties one charged with such an offence may face. No matter what, it is important to find a lawyer that has experience defending such claims to make sure you do not unnecessarily lose money or your liberty as a result of such a charge.
Common Assault in Nsw falls into 2 categories: (i) common assault—a situation where the injury is minor or non-existent and (ii) aggravated assault, with more serious resulting injuries. Common assault usually results in an unsupervised bond. Aggravated assault more commonly results in more serious fines or even jail time. Basically, the more serious the injury the perpetrator causes, the more serious the penalty he or she receives.
Sometimes, common assault involves no contact between people, such as: (i) swinging your fist at someone but missing him, (ii) throwing an object at a person but missing her, (iii) brandishing a weapon to create fear, (iv) making gestures to cause fear in others, or (v) orally threatening to harm another.
Common assault with physical contact may include: (i) shoving someone with the intent to frighten, (ii) lightly slapping another without causing pain, (iii) hitting a person with an object but causing no harm, or (d) spitting on another.
When assault causes injuries or is committed against a police officer or government worker, a more serious charge of aggravated assault is usually imposed. Crimes for such an offence, in addition to fines, jail time and other court-ordered penalties, may prevent you from obtaining certain types of employment, prevent you entry into other countries and harm your reputation.
More serious is the charge of “common assault domestic violence,” which is handed down when an assault is committed against (i) somebody you are or have been married to, (ii) a person you are in a de-facto relationship with, (iii) a person with whom you’ve had an intimate personal relationship (not necessarily sexual), (iv) a person you’ve lived with, (v) a person you’ve had a dependant relationship with, (vi) a person you are or have been a relative with, and, if you are Aboriginal or Torres Strait Islander, if you are or have been part of the extended family or related to the other person.
Defences to common assault charges include self-defence, provocation and motive.
Penalties for common assault charges may include: (i) fines, (ii) good behavior bonds, (iii) community service, (iv) suspended sentences, or (v) up to 2 years in prison.
Clearly, the loss of monies or even your liberty is not ideal, but may be the result if you commit common assault in Nsw. For these reasons, find an attorney who knows how to defend such cases and protect yourself.