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Assault and Battery

Violent Charges

It is against the law to inflict, or threaten to inflict violence on other persons. The specific charge will vary depending on a number of factors including whether actual violence was inflicted, whether any injuries arose as a result of the violence, and the extent of any injury.

Intimidation

The offence of intimidation or stalking carries a maximum penalty of five years imprisonment and/or a fine of 50 penalty units. While most persons found guilty of this offence dont receive a sentence of full-time imprisonment, it is important to note that one can be sentenced to a jail term if the conduct is particularly serious, connected to other serious offences, or if the offender has a lengthy criminal history. Nevertheless, the majority of those convicted will have a criminal conviction recorded and receive an appropriate penalty.

-What is intimidation?

In the context of the law, the meaning of intimidation differs from what most ordinary people expect it to be. Intimidation is broadly defined at law and includes any Any conduct that causes a reasonable apprehension of injury to a person or to a person with whom he or she has a domestic relationship, or of violence or damage to any person or property.

Arguably, the above definition does little to assist in understanding whether specific conduct amounts to intimidation. The Courts have held that the conduct “must go beyond rude, offensive and boorish behaviour”.

-What must the police prove?

To successfully a convict a person, the prosecution must prove two key elements beyond reasonable doubt:
1. That the accused’s conduct, whether physical, verbal, or otherwise, amounted to intimidation; and
2. That the accused intended to intimidate the victim.
Importantly, the prosecution is not required to prove that the victim was actually intimidated only that the accused intended to cause intimidation through their actions.

-Did I have an intention to intimidate?

In intimidation cases, intent is defined more broadly than in some other offences. The prosecution can establish intent if it proves that the accused knew that their conduct was likely to cause fear in the other person. It is not necessary to prove that the accused wanted to intimidate the victim, only that they were aware their actions were likely to have that effect.

-What sentence will I receive if I am found guilty of intimidation?

The ultimate sentence varies from case to case and depends on a number of factors such as:
1. Whether the person has a prior criminal history.
2. Whether the person plead guilty at an early stage.
3. The manner of intimidation.
4. The extent of intimidation.
5. Whether there is a degree of premeditation.
6. The duration of the intimidation.
7. Whether the person has shown remorse for their conduct.
8. Whether the person is unlikely to re-offend.
9. Whether the person suffers from mental health issues.

-Will I receive a criminal conviction for intimidation?

There is a likely chance that a person will receive a criminal record for intimidation. This is because intimidation involves causing others to fear for their safety. Therefore, the courts must recognize the harm done to the victim and adequately denounce the conduct of the offender.

-Will I need a lawyer?

Facing a criminal charge and the prospects of conviction are daunting experiences for anyone. It is important to have an experienced criminal lawyer in your corner who will operate to ensure that you receive the best possible outcome by addressing specific matters of significance. Moreover, an experienced lawyer brings a wealth of
knowledge of the law and can assist in providing a number of documents to the court which will assist in obtaining a lenient sentence.

Common Assault

Common assault refers to an assault that does not result in physical injury. Physical contact is not necessary; the offence can be committed simply by causing another person to fear immediate and unlawful physical contact.
Whilst common assault is still a serious offence, it is the least serious assault related charge within NSW as it does not involve any injury. Therefore, the chances of receiving a non-conviction are greater in comparison with individuals charged with more serious assault charges.

-What is an assault?

Common assault involves either:
1. The apprehension of any unlawful application of force, or;
2. The infliction of the application of force.

In simpler terms, common assault involves any application of force against another person without their consent, or threatening to apply force on another person without their consent.

Some examples of common assault include:
1. Pushing another person.
2. Punching another person.
3. Slapping another person.
4. Spitting at another person.
5. Tripping another person.

-What must the police prove?

To successfully a convict a person, the prosecution must prove the following key elements beyond reasonable doubt:
1. That the accused applied force to another person, OR
2. The accused threatened to apply force to another person, AND
3. The person did so intentionally or recklessly AND
4. The accused person did not have the consent of the other party AND
5. The accused person does not have a lawful defence.

-Do I have a Defence to Common Assault?

The law recognizes a number of defences to criminal offences. There are a number of available defences to a charge of common assault.

Self-Defence

A person who applies force against another person may not be guilty of common assault if they did so to defend themselves, another person, or property belonging to them or another person.
An accused person must only raise the defence, then it is on the prosecution to negate self-defence.
A person carries out conduct in self-defence if the person believes their conduct is

necessary to defend themselves or another person, and the conduct is a reasonable response in the circumstances.

What is very important is that the conduct must be reasonable in the circumstances. In other words, the conduct must have an element of proportionality in relation to the conduct of the other party.

FAQ

What is the penalty for assault in NSW?

The maximum penalty prescribed for an assault depends on the type of assault and the objective and subjective features of the case, ranging from imprisonment of 1 year to 25 years. The maximum fine ranges from $1,100 to $11,000.

How long after an assault can you press charges Australia?

Minor crimes known as ‘summary offences’ that are required to be dealt with in the Local Court limit the police to press charges against a person within 6-months from the alleged offence under section 179 of the Criminal Procedure Act.

This is known as the statute of limitation period and it does not apply to more serious offences known as ‘indictable offences’.

What happens when you get charged with assault?

When you get charged with assault, police will serve you with the charge papers known as the ‘Court Attendance Notice’ (‘CAN’) and ‘Police Fact’ sheet. It contains details of the assault charge, including type of assault, description of the alleged assault, court and date of court. You will be required to attend court to face the allegations by either pleading ‘guilty’ or ‘not guilty’ in court. It is highly recommended to get legal advice beforehand. Police will also decide whether or not to grant you bail during your court proceedings. If granted bail, you will remain at liberty until your case is finalised. If bail is refused, you may apply to the court for a bail application. If bail is still refused, you will remain in custody on remand for the duration of your case until granted bail or dismissal of the charges.

What are the defences to assault?

Commonly known defences to assault include self-defence for purposes of protecting yourself, property or another person(s); lawful correction; use of reasonable force in exercising a citizens’ arrest; duress or necessity; or when the alleged assault was an inevitable action in everyday life, accepted by the community.

What does an assault lawyer Sydney do?

An experienced assault lawyer provides reliable and helpful legal advice, guidance and effective legal representation in court from beginning to end. This includes analysing the police evidence, pointing out all its holes, and focusing on negotiating with police to attempt to get charges withdrawn early.

Your lawyer will do the talking for you in court, and do so in the most persuasive and efficient way to maximise your chances at getting the best possible result. Your lawyer should also be highly responsive and available to talk to you when required at every stage of your case.

We can talk to you about this more. Give our friendly team a call today.

How an assault lawyer can help you?

Your lawyer should fight hard for you by:

Knowing your case like the back of his/her hands
Provide you with a full comprehensive case analysis and strategy plan
Outline all the pros and cons of the police and defence case
Give all realistic available options, with advise on the best path to take
Attempts to convince police to withdraw the charge(s) early through strategic negotiations from the beginning.

An assault lawyer with years of experience can help by providing reliable and easy to understand legal advice, and effective legal representation through highly persuasive advocacy skills in court with the goal of attaining the best possible outcome.