Case Studies
Contact
Main Office: Level 1, 60 Martin Place, Sydney, NSW, 2000
Secondary Office: Civic Tower, Level 11, 66 – 72 Rickard Road Bankstown, New South Wales, 2200
+61 2 8528 2943
+61 449 770 755
info@krayemandco.com.au
Brochures
View our 2019 financial prospectus brochure for an easy to read guide on all of the services offer.
Assault and Battery Laws in NSW: Legal Support for Defendants
Accused of assault or battery in NSW? Our experienced criminal lawyers can help you defend your rights and achieve the best possible outcome.
Assault and battery are serious criminal offences under New South Wales law, and being accused of either can have significant legal and personal consequences. Whether you are facing charges related to a physical altercation or allegations of violent behaviour, understanding your legal rights and seeking professional legal representation is essential.
At our law firm, we specialise in defending clients charged with assault and battery. Our experienced team of criminal lawyers will guide you through the legal process, explain your options, and provide strong legal representation to protect your rights and ensure the best possible outcome.
What is Assault and Battery?
In New South Wales, both assault and battery refer to offences that involve the unlawful use of force or threat of force against another person. While the terms are often used interchangeably, there are distinctions between the two.
- Assault involves the intentional act of causing someone to fear immediate physical harm. It does not necessarily require physical contact, but the victim must reasonably believe that they are in danger of being harmed.
Examples of assault include:
- Threatening someone with physical
- Intimidating gestures or words that cause fear of imminent
- Raising a fist or taking a swing but missing the
- Battery involves the actual physical contact with another person without their consent. This can include hitting, slapping, punching, or pushing someone, as well as more severe acts of violence.
Examples of battery include:
- Punching someone in the
- Shoving or hitting someone during an
- Spitting on or physically touching someone without their
Penalties for Assault and Battery in NSW
The penalties for assault and battery depend on the severity of the offence, the degree of harm caused to the victim, and whether the incident occurred in an aggravating context (such as domestic violence or the use of a weapon). Common penalties include:
- Fines: Minor cases of assault may result in fines, particularly if the victim did not suffer significant injuries.
- Imprisonment: More serious assault or battery offences, particularly those involving significant harm to the victim, can lead to imprisonment. For example, aggravated assault can carry a maximum sentence of up to 25 years in prison in cases where the victim suffers serious injuries.
- Good Behaviour Bonds: In less severe cases, the court may impose a good behaviour bond, where the offender avoids jail time but must comply with conditions such as counselling or community service.
- Probation: In some instances, the court may impose a probation period in lieu of, or in addition to, imprisonment, particularly for first-time offenders.
- Apprehended Violence Orders (AVOs): If the victim requests it, an AVO may be issued, which can prevent the offender from contacting or coming near the victim.
Defending Against Assault and Battery Charges
If you have been accused of assault or battery, there are several potential defences available to you:
- Self-Defence: If you were acting to protect yourself or someone else from harm, self- defence may be a valid The force used must be reasonable and proportionate to the threat.
- Consent: In certain situations, the victim may have consented to the physical contact, such as in contact sports or mutual physical confrontations.
- Lack of Intent: To be convicted of assault or battery, the prosecution must prove that you intended to cause harm. In some cases, the physical contact may have been accidental or unintentional.
- False Accusations: In some cases, individuals may be falsely accused of assault or battery due to misunderstandings or personal conflicts.
Our legal team will carefully assess the details of your case and help you build a strong defence. We will gather evidence, consult with experts, and represent you in court to secure the best possible outcome.
Why Choose Us?
Handling cases involving crimes against children requires a delicate balance of expertise, sensitivity, and understanding. We approach these cases with the utmost care, ensuring that the process is as smooth as possible for those affected. Whether you are a parent, guardian, or individual facing charges, our experienced team will provide the highest level of legal representation.
Contact Us for Legal Assistance
If you or your child is involved in a case of crimes against children, it’s crucial to get expert legal advice as soon as possible. Contact us today to schedule a confidential consultation, and let us provide the support you need to navigate this sensitive and challenging situation.
