Common Assault

Specialist Common Assault Defence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Common Assault is one of the most frequently prosecuted offences in New South Wales. Despite the name, a conviction for “Common Assault” is a serious matter that results in a permanent criminal record, which can impact your employment, travel, and reputation. Surprisingly to many, you can be charged with Common Assault even if you never actually touched the other person. If you have been served with a Court Attendance Notice, securing an expert criminal lawyer is essential to protecting your future.

At Douglass & Ford, we provide a rigorous and strategic defence for all assault allegations. With over 20 years of combined experience, our solicitors understand that these charges often arise from heated misunderstandings, self-defence, or neighborhood disputes. We work quickly to examine the police evidence, identify inconsistencies in witness statements, and ensure you receive a fair hearing.

How we can help you with your Common Assault case

We understand that being charged with a criminal offence is an intimidating experience. Our priority is to protect your liberty and your record through:

• Strategic Negotiations: We meticulously review police evidence to identify inconsistencies, often successfully negotiating to have charges dropped or downgraded before the matter reaches a hearing.
• Analysing the Evidence: We check for procedural errors, lack of reliable witnesses, or a lack of sufficient evidence to prove the assault occurred.
• Securing Non-Convictions: We have a proven track record of arguing for Section 10 non-convictions, helping our clients avoid a permanent criminal record even if they plead guilty.
• Proven Defences: We explore every available legal avenue, including self-defence, duress, and necessity, to secure “not guilty” verdicts at trial.
• Managing AVO Conditions: If your charge is domestic-related, we assist in managing the associated Apprehended Violence Order (AVO) to protect your living arrangements and family access.
• Applying for Legal Aid: We are proud members of the General, Indictable, and Serious Criminal Law Panels, ensuring high-quality legal help is accessible for everyone.

What constitutes a Common Assault?

In New South Wales, Common Assault is governed by Section 61 of the Crimes Act 1900. To be found guilty, the prosecution must prove beyond a reasonable doubt that:

1. You committed an act that caused the other person to fear immediate and unlawful violence, OR you applied physical force to the other person.
2. The act was intentional or reckless.
3. The other person did not consent to the act.
4. You had no lawful excuse (such as self-defence).

Important Note: Common Assault does not require any actual physical injury. Threats, a raised fist, or a slight push can all result in this charge. If there is a visible injury like a bruise or cut, the police will typically upgrade the charge to “Assault Occasioning Actual Bodily Harm.”

Types of penalties for Common Assault

If you are found guilty or plead guilty, the court may impose several types of penalties:

• Section 10 (Non-Conviction): The court finds you guilty but chooses not to record a conviction. You avoid a criminal record entirely.
• Fines: Financial penalties determined by the severity of the incident and your financial capacity.
• Community Correction Order (CCO): A supervised bond that may require you to perform community service or attend anger management counselling.
• Conditional Release Order (CRO): A good behaviour bond that can be imposed with or without a conviction being recorded.
• Full-Time Imprisonment: While less common for first-time offenders, the maximum penalty for Common Assault is 2 years’ imprisonment.

Factors the court considers for Common Assault

When sentencing, the Magistrate or Judge will look at specific “subjective” and “objective” details:

• The Nature of the Assault: Was it a physical strike or a verbal threat? Was it a sustained attack or a single push?
• Provocation: Did the other person do or say something that caused you to lose control?
• Domestic Violence: If the assault occurred in a domestic relationship, the court is required to treat the matter with increased seriousness.
• Prior Character: Your history, any previous violent offences, and character references provided to the court.

Legal defences to your charge

You may successfully defend a Common Assault charge if one of the following applies to your case:

• Self-Defence: You acted reasonably to protect yourself, another person, or your property from a perceived threat.
• Necessity or Duress: You acted to prevent a greater harm or under a threat of immediate danger from someone else.
• Consent: In some cases, such as organized sports, physical contact is considered consented to by the participants.
• Accident: The contact was entirely accidental and not the result of a reckless or intentional act.

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district