Assault Lawyer Sydney
Defending Common Assault, AOABH & GBH Charges
Assault charges in NSW can carry serious consequences including imprisonment. Our assault lawyers in Sydney build the strongest possible defence for your specific situation.
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Expert Assault Defence Lawyers Across Sydney
An assault charge — even for common assault — can have life-changing consequences. Beyond the risk of imprisonment, a conviction can affect your employment, your reputation, your ability to hold certain licences, and your family relationships, particularly where an AVO is also sought.
At Krayem & Co, our assault lawyers appear in Sydney courts every day defending clients charged with all categories of assault — from common assault in the Local Court to serious grievous bodily harm matters in the District and Supreme Courts. We understand how assault charges are prosecuted and, critically, how to defeat them.
Assault charges are often contested — the evidence may be disputed, there may be self-defence considerations, or the prosecution’s account may not tell the full story. Do not assume that because you have been charged, a conviction is inevitable. The prosecution must prove its case beyond reasonable doubt, and our job is to make sure they cannot.
What to Do If You Have Been Charged With Assault
If you have been charged with assault in NSW, it is important to understand the allegations and obtain legal advice before making decisions about your case.
Depending on the circumstances, you may need to attend a police station, respond to bail conditions, comply with an Apprehended Violence Order (AVO), or appear before a NSW court.
An assault lawyer can review the police facts, witness statements, CCTV footage and other evidence to determine the appropriate defence strategy.
If you have an upcoming court date, obtaining advice early also provides time to consider whether representations can be made to have the charge withdrawn or reduced.
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Self-defence applications
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Types of Assault Charges in NSW
Common Assault
Intentionally or recklessly causing another person to apprehend immediate, unlawful violence. No physical contact is required. Heard in the Local Court.
Maximum: 2 years imprisonment
Assault Occasioning Actual Bodily Harm (AOABH)
Assault that causes actual bodily harm — bruising, scratches, or cuts beyond the merely transient. Can be dealt with in Local or District Court.
Maximum: 5 years (7 years in company)
Grievous Bodily Harm (GBH)
Wounding or causing grievous bodily harm — very serious injury including broken bones, disfigurement, or permanent damage. Heard in the District or Supreme Court.
Maximum: 7–25 years depending on intent
Domestic Violence Assault
Assault committed against a person in a domestic relationship. Treated more seriously by police and courts, often resulting in AVO applications alongside criminal charges.
Assault on Police / Emergency Workers
Assault against a police officer or other emergency workers including paramedics, nurses, and teachers. Carries substantially higher penalties than common assault.
Affray
Using or threatening unlawful violence towards another person in a way that would cause a person of reasonable firmness who was present to fear for their personal safety.
Common Defences to Assault Charges in NSW
Self-Defence
Consent
Identification / Mistaken Identity
Duress or Necessity
What Does the Prosecution Need to Prove?
The elements the prosecution must establish depend on the particular assault offence charged.
Generally, the prosecution must prove each element of the offence beyond reasonable doubt. Depending on the charge, this may involve proving the alleged conduct, the required intention or recklessness, and the identity of the accused.
The evidence may include:
- Statements from the complainant and witnesses
- CCTV or mobile phone footage
- Photographs
- Medical evidence
- Police body-worn video
- Text messages and social media communications
- Recorded police interviews
Our assault lawyers can review the prosecution evidence and identify inconsistencies, evidentiary issues and available defences.
What Happens After an Assault Charge in NSW?
Once charged with assault, you will generally be given a Court Attendance Notice (CAN) with a date to appear at your local court. In serious matters you may be taken into custody and require a bail application. The process that follows depends on the severity of the charge.
Summary vs Indictable Assault Offences
Common assault and lower-range AOABH are summary offences dealt with in the Local Court before a magistrate. More serious charges including wounding, GBH, and serious domestic violence matters are indictable and may be committed for trial to the District or Supreme Court before a judge and jury.
The Role of Early Representations
In many assault matters — particularly where the evidence is disputed, where there are issues with the complaint’s credibility, or where the assault was in the context of an argument rather than a one-sided attack — early representations to the prosecution can result in charges being withdrawn or downgraded before a hearing is ever required. Our lawyers act on this at the earliest possible opportunity.
Sentencing Outcomes for Assault in NSW
For first offenders and less serious assault matters, the range of available sentencing outcomes is wide. Courts regularly impose:
- Section 10 dismissal (no conviction recorded) for eligible first offenders in less serious matters
- Conditional release orders (good behaviour bonds)
- Community correction orders with supervision and conditions
- Intensive correction orders (served in the community)
- Full-time imprisonment (for the most serious matters)
Assault Charges and AVOs
Some assault allegations, particularly those involving current or former partners, family members or other domestic relationships, may also result in an application for an Apprehended Domestic Violence Order (ADVO).
The criminal assault charge and AVO proceedings are related but involve different legal issues.
An AVO may impose conditions restricting contact with another person or preventing an accused person from approaching particular locations.
If you are facing both an assault charge and an AVO application, our lawyers can advise you about both proceedings and how decisions made in one matter may affect the other.
Factors That Can Affect an Assault Sentence
Where a person pleads guilty or is found guilty, the sentence will depend on the circumstances of the offence and the offender.
Relevant considerations may include the seriousness of the assault, injuries caused, criminal history, plea of guilty, remorse, rehabilitation and the person’s individual circumstances.
Preparation for sentencing may also involve obtaining supporting material such as character references, an apology letter or evidence of rehabilitation.
Our lawyers can advise you about the sentencing options potentially available and prepare submissions on your behalf.
Why Choose Krayem & Co for an Assault Charge?
Experienced Criminal Defence Lawyers
Our lawyers represent clients facing assault and other serious criminal charges throughout Sydney and NSW.
Early Case Assessment
We review the allegations and available evidence to identify potential weaknesses in the prosecution case.
Strategic Defence Preparation
Every assault matter is different. We develop a strategy based on the particular charge, evidence and circumstances.
Representation Across NSW
We appear in Local, District and Supreme Courts throughout Sydney and regional NSW.
Clear Legal Advice
We explain your options, possible outcomes and the court process so you understand each stage of your matter.
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Frequently Asked Questions — Assault Lawyer Sydney
What is common assault in NSW?
Common assault under Section 61, Crimes Act 1900 is intentionally or recklessly causing another person to apprehend immediate, unlawful violence. Physical contact is not required — threatening words or gestures alone can constitute the offence. The maximum penalty is 2 years imprisonment. It is generally dealt with in the NSW Local Court.
What is the difference between assault and AOABH?
Common assault requires no physical harm — it is about causing apprehension of violence. Assault Occasioning Actual Bodily Harm (AOABH, Section 59) requires that actual physical harm was caused — bruising, scratches, or cuts that are more than transient. AOABH is a more serious charge, carrying a maximum of 5 years imprisonment (7 in company).
Can an assault charge be defended?
Yes. Common defences include self-defence, consent, duress, and mistaken identity. The prosecution must prove beyond reasonable doubt that the assault occurred as alleged and that there was no lawful excuse. Many assault charges are successfully defended or withdrawn before reaching a hearing. An experienced assault lawyer will identify the best defence strategy for your matter.
Will I go to jail for common assault?
Not necessarily. For first offenders facing less serious assault charges, non-custodial outcomes — including Section 10 dismissals (no conviction), conditional release orders, and community correction orders — are frequently available. The outcome depends heavily on the circumstances of the offence, any injury caused, your background, and the quality of your representation.
What is self-defence in NSW?
Under Section 418, Crimes Act 1900, a person is not criminally responsible for an act if they believed it was necessary to defend themselves or another person, and the conduct was a reasonable response given the circumstances as they perceived them. Once self-defence is raised at trial, the prosecution must disprove it beyond reasonable doubt — the accused does not have to prove it.
