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Assault

assault lawyers sydney

There are many types of assault charges. They range in their severity and in the penalties that you might face. If you’ve been charged with assault, your first step should be to seek legal advice from an experienced Western Sydney criminal defence lawyer in order to understand the severity of the charge.

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Our experienced criminal solicitors will work with you to understand your version of events and to construct a narrative that the criminal Court may find compelling as a defence. That might include talking to any witnesses or examining any CCTV footage of the alleged assault as well as taking photographs of the scene and surroundings.

We can help by:

  • Giving you advice about the nature of your charge or charges and what your penalties may be.
  • Giving you advice on both your criminal assault charge and also any civil actions that may flow from it.
  • Working with you to explore any potential defences you may have. These may include provocation, self defence or mitigating circumstances..
  • Fully investigating the circumstances, including photographing the alleged crime scene.
  • Talking to witnesses and examining any video surveillance.
  • Appearing for you in Court and arguing your case.

There Are Several Types of Assault

If you have been charged with assault it means that you are accused of intentionally using, or threatening to use, force against another person. It can be broadly divided into common and aggravated assault, but there are many specific categories that fall under these terms. These categories include:

  • Common Assault
  • Assault that causes bodily harm.
  • Reckless Wounding
  • Reckless grievous bodily harm.
  • Intent to cause grievous bodily harm.

  • Aggravated Assault
  • Wounding with intent.
  • Resisting Arrest
  • Assaulting police in the execution of their duties.
  • Assault causing death (otherwise known as the ‘one punch’ law).

Common assault might occur if you have punched or hit someone, for example, but not caused actual or grievous bodily harm. The maximum sentence is two years imprisonment. Assault occasioning actual bodily harm is more serious and carries a maximum penalty of five years imprisonment. Reckless grievous bodily harm is more serious still, and intent to cause grievous bodily harm even more so.

Aggravated assault is not a specific offence on its own, but occurs if an aggravating factor applies to an assault offence. This might be because you:

  • Used or threatened to use a weapon.
  • Committed an assault against a police officer.
  • Assaulted a close family member, including a spouse or de facto partner.
  • Have a record for similar offences, or have breached bail, parole or AVO conditions.

There are a number of possible defences to a charge of assault. These can vary depending on the circumstances and the nature of your charges, but may include:

  • Factual Disputes (where there is disagreement over whether the assault did not happen, or did not happen in the way that is claimed)
  • Wrongful Identity
  • Self-Defence
  • Lack of Intent
  • Mental Impairment

The penalties for an aggravated assault are heavier than for a common assault in the same category.

There are also specific assault charges if you resist or assault a police officer, as well as the ‘one punch law’ that applies if you assault someone who dies as a result.

If you plead guilty or are found guilty of assault a criminal conviction will generally be recorded against you. Penalties can range from fines and community services to imprisonment.

You should also be aware that if you are found guilty of assault, you may also face civil actions. These include a action for victims of crime compensation, in which the prosecution makes a claim against you, or an action begun by the victim themselves in which they sue you for compensation.

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“I would just like to thank you for your hard work and understanding during a very stressful time for myself.I cannot thank you enough for the work and advice you provided. My assault and stalking and intimidation charges were heard by the Magistrate at Liverpool Court yesterday, Tuesday 16th. I pleaded guilty to the assault with the stalking being dropped prior by way of representations made by you. The Magistrate seen through the bullshit supplied by the Police facts sheet and I am happy to say no conviction was recorded. He stated it was “a molehill turned into a mountain by police”. John I would just like to say your professionalism on both of my criminal and family law matters was outstanding. I would go so far as to say its the best service I have ever had. Keep up the good work!!!”
Josh P.

John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“I found John & Co lawyers to be there when I needed them. They were very quick to return my calls and emails which came about at random times. The team were very experienced and had high technical knowledge in family law that was required throughout the process. John will defend you and give you that encouragement to fight for your rights when you have lost all will power to defend yourself. John was very tough to stand up to the other side whilst achieving great results for my daughter and I. I highly recommend their services.”
Nikky R.

John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“Highly recommend this law firm to anyone injured! John is the best personal injury lawyer. He is exceptionally knowledgeable in the law. He always kept me well informed and was readily available to answer all of my questions. John represented me for my workplace injury. From the very beginning I felt his genuine concern for my wellbeing and it showed throughout the case as he always returned my calls and explained the process step by step. My case settled in November 2018 for $690,000 clear in my hand. John & Co Lawyers gave me my life back, and for that I am forever grateful. John & his team are great lawyers, very professional and, made the process seamless for me.”
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John & Co Lawyers | Fairfield Lawyer | Variety of Practice Areas

“I was absolutely astounded by the service provided by John and co lawers.  John went above and beyond to extend additional help with my case. Johns experience is second to none, His professionalism and sound advice was just what was needed. I would highly recommend his services to anyone with pressing family law matters. His warm personality made me feel like part of the family, as I could easily dissus any finer details with my case and he would take into consideration. If I have any cases in future he will be my first choice. Thanks again John your service is Highly appreciated. God bless you. 5 stars.”
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