Assault
Assault Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan
Being charged with an assault offence is an intimidating experience that carries the risk of a criminal record, heavy fines, and potential imprisonment. If you are facing allegations, securing a specialist assault lawyer is the most critical step in protecting your rights and improving your legal prospects.
At Douglass & Ford, we understand that every case is unique. With over 20 years of combined experience, our assault defence lawyers provide clear, affordable advice and a rigorous defence for all assault-related matters. We work quickly to examine the evidence, identify potential defences such as self-defence, and ensure you receive a fair hearing.
How our assault defence lawyers can help you
We understand that being charged with a criminal offence is an intimidating experience. Our priority is to protect your future through:
- Analysing the Evidence: We check for procedural errors or lack of evidence to have charges dropped.
- Strategic Negotiations: We meticulously review police evidence to identify inconsistencies, often successfully negotiating to have charges dropped or downgraded early.
- Securing Non-Convictions: We have a proven track record of arguing for Section 10 non-convictions, helping our clients avoid a permanent criminal record.
- Proven Defences: We explore every available legal avenue, including self-defence, duress, and necessity, to secure “not guilty” verdicts.
- Avoiding Imprisonment: For serious allegations, we focus on intensive sentencing submissions to argue for community-based orders rather than custodial sentences.
- 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 those on low incomes.
What constitutes an assault charge?
In New South Wales, an assault ranges from non-physical threats to physical contact without consent. To be found guilty of an assault charge, the prosecution must prove three elements beyond a reasonable doubt:
- The act was intentional or reckless.
- The alleged victim did not consent.
- The fear or violence was caused by your physical act.
Types of penalties for assault
If you are found guilty or plead guilty to an assault charge, the court may impose several types of penalties:
- Section 10 (Non-Conviction): This is the best possible result for a first offence. The court finds you guilty but chooses not to record a conviction. This means you avoid a criminal record entirely.
- Fines: The court may order you to pay a financial penalty. The amount depends on the severity of the offence and your financial capacity.
- Community Correction Order (CCO): This has replaced traditional good behaviour bonds. You may be required to perform community service or attend rehabilitation programmes while being supervised by Community Corrections.
- Intensive Correction Order (ICO): An ICO is a custodial sentence of up to two years that is served in the community rather than in gaol. It often involves strict conditions such as curfews, electronic monitoring, and community work.
- Full-Time Imprisonment: This is the most severe penalty and involves detention in a correctional facility. It is generally reserved for serious assaults involving significant injury or repeat offenders.
Factors the court considers for a first offence
When sentencing a first-time offender, the Magistrate or Judge will look at the specific details of your case, including:
- The Nature of the Injury: Was the injury “Actual Bodily Harm” (bruising/cuts) or “Grievous Bodily Harm” (permanent damage)?
- The Method of Assault: Was a weapon used? Was the assault unprovoked?
- Your Character: Do you have a history of good character? Have you provided character references to the court?
- Remorse: Have you pleaded guilty early or shown genuine contrition for your actions?
Common assault charges and their Penalties in NSW
The maximum penalty for an assault in New South Wales depends on the seriousness of the injury and which court hears the case. While the table below shows the highest possible legal limits, our specialist defence strategies focus on achieving the most lenient outcome, such as a Section 10 non-conviction.
| Offence Type | Definition | Local Court Maximum | District Court Maximum |
|---|---|---|---|
| Common Assault | Involving threats or minor force without significant injury. | 2 years imprisonment or $5,500 fine | 2 years imprisonment |
| Assault Occasioning Actual Bodily Harm (AOABH) |
Injuries such as significant bruising, cuts, or psychological harm. | 2 years imprisonment or $5,500 fine | 5 years imprisonment |
| Assault Police | Assaulting a law enforcement official in the execution of their duty. | 2 years imprisonment or $11,000 fine | 5 years imprisonment |
| Wounding or GBH (Reckless) |
Serious charges involving permanent or life-altering injuries caused by recklessness. | 2 years imprisonment or $11,000 fine | 10 years imprisonment |
| Wounding or GBH (Intentional) |
The most serious form of assault, where “really serious harm” was the intended outcome. | 2 years imprisonment or $11,000 fine | 25 years imprisonment |
| Aggravated Assault (In Company/With Weapon) |
Offences involving the use of a weapon, abuse of trust, or excessive cruelty. | 2 years imprisonment or $5,500 fine | 7 years imprisonment |
| Domestic Violence-Related Assault | Charges within a domestic relationship, triggering mandatory AVOs and stricter bail. | Varies by specific assault charge above | Varies by specific assault charge above |
Legal defences to assault
You may successfully defend an assault charge if one of the following applies to your case:
- Self-Defence: You acted reasonably to protect yourself, your property, or another person.
- Necessity or Duress: You acted to prevent a greater harm or under a threat of immediate danger.
- Lawful Correction: Disciplining a child within the bounds of the law.
- Innocent Conduct: The contact was an inevitable part of everyday life or accepted social interaction.
Get Expert Legal Advice on Your Assault Charge
Don’t leave your future to chance. Whether you are hoping to avoid a conviction or require urgent bail assistance, our team is ready to help.
Suburbs we serve
We provide specialised representation for all assault-related matters, from common assault to more serious allegations involving bodily harm. Our team offers expert advocacy for clients throughout the following areas:
Nowra & Shoalhaven
- North Nowra
- South Nowra
- Bomaderry
- Worrigee
- Berry
- Gerringong
- Shoalhaven Heads
- Vincentia
Southern Shoalhaven
- Sanctuary Point
- St Georges Basin
- Ulladulla
- Milton
Batemans Bay & Eurobodalla
- Batehaven
- Catalina
- Nelligen
- Mogo
- Malua Bay
- Broulee
- Moruya
- Narooma
Southern Highlands
- Bowral
- Mittagong
- Moss Vale
- Bundanoon
- Robertson
- Berrima
- Hill Top
Queanbeyan & Monaro
- Jerrabomberra
- Googong
- Bungendore
- Braidwood
- Cooma
- the surrounding Snowy Monaro district
Do you need legal assistance?
Our team is ready to assist you.
Frequently asked questions
Do I have to give a statement to the police if I'm accused of assault?
In NSW, you have the right to remain silent. It is a common misconception that “explaining your side” to the police will make the charges go away. In reality, statements made during a police interview are often used as evidence against you. We strongly advise that you speak with an assault defence lawyer before answering any questions or participating in a formal interview.
Can I be charged with assault if I didn't actually touch the other person?
Yes. Under NSW law, an assault can occur if your actions or threats cause another person to fear immediate and unlawful violence. For example, raising a fist in a threatening manner or throwing an object at someone (even if you miss) can lead to a Common Assault charge.
How much does a lawyer cost for an assault charge?
Legal costs vary based on the complexity of the case and whether it goes to a hearing or trial. At Douglass & Ford, we prioritise clear, affordable advice and provide a detailed fee estimate.
We are also members of the Legal Aid panels, providing expert representation for eligible clients on low incomes or Centrelink benefits.
Will an assault charge affect my Apprehended Violence Order (AVO)?
Typically, if you are charged with an assault within a domestic relationship, the police will also serve you with an AVO. These two matters proceed through the court simultaneously. Our assault lawyers are experienced in managing both the criminal defence and the AVO conditions to ensure your living arrangements and access to family are protected where possible.
Can you go to jail for a first-time assault charge in NSW?
While imprisonment is a possibility for serious offences like Grievous Bodily Harm (GBH), it is less common for first-time offenders facing lower-level charges like Common Assault. Our goal is to leverage your clean record and mitigating circumstances to argue for a Section 10 non-conviction, allowing you to avoid both jail time and a criminal record.
How do I get an assault charge dropped?
Charges are often dropped or downgraded through strategic negotiations with the police or the DPP (Director of Public Prosecutions). Our assault defence lawyers meticulously review the evidence to find flaws in the prosecution’s case, such as a lack of evidence, no consent, or a valid claim of self-defence.
What is the penalty for Assault Occasioning Actual Bodily Harm (AOABH)?
AOABH is a serious offence that can carry a maximum penalty of five years’ imprisonment (or seven years if committed in company). Because the stakes are so high, we focus on providing a rigorous defence to either contest the charges entirely or significantly mitigate the sentencing outcome.
What counts as self-defence in an assault case?
In NSW, you may be found “not guilty” if you can show you acted reasonably to protect yourself, another person, or your property. We specialise in identifying these legal justifications to ensure the court understands the full context of the incident and your actions.
What happens if a child or teenager is charged with assault?
Youth assault charges are handled differently under the Children (Criminal Proceedings) Act. While the focus is often on rehabilitation, recent 2026 legislative shifts have seen tougher penalties for “adult crimes” committed by minors. We have solicitors on the Children’s Crime Panel who specialise in protecting the futures of young people facing these serious allegations.