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:

1. The act was intentional or reckless.
2. The alleged victim did not consent.
3. 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.

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.