Charged with assault or contacted by police?
If you have been accused of assault, ED Legal can help you understand the allegation and your options. We provide advice and court representation for people facing assault charges in Sydney and across NSW.
Whether you dispute what happened, acted to protect yourself or need advice about pleading guilty, we can help you understand your options. You do not need to know the legal terminology before making an enquiry.
Request a free initial consultation
How we can help you
We can review the allegation and available evidence, listen to your account and explain what the prosecution would need to establish. That may include checking witness accounts, messages, photographs, footage or medical evidence, depending on the charge.
Our role is to help you make an informed decision and prepare for the next step. We can advise on a police interview, whether to challenge a charge, whether there is a basis to ask for charges or police facts to be changed, and preparation for court. We will discuss the proposed work and legal fees before you decide whether to engage us.
Before a police interview or your court date
If police have contacted you about an allegation, speak with ED Legal before deciding whether to take part in an interview. We can explain your options and advise you on how to respond.
Keep any paperwork you have received and note the court date. Preserve relevant messages, photographs and other material in their original form. Tell your lawyer about possible witnesses or footage rather than trying to resolve the allegation directly with the other person.
Understanding the assault charge
The exact charge matters. The alleged conduct, any injury and the circumstances can affect what must be proved and the possible penalty. We can explain the wording on your Court Attendance Notice.
Common assault
Common assault can involve unlawful physical contact or conduct that intentionally or recklessly causes someone to fear immediate unlawful violence. Physical contact is not always necessary. A lack of visible injury does not, by itself, mean there can be no charge.
Assault occasioning actual bodily harm
For this charge, police allege that the assault caused an injury amounting to actual bodily harm. Bruising or scratches can qualify, depending on the evidence. We can examine both the allegation of assault and the evidence about the injury.
Wounding or grievous bodily harm
These are more serious injury-related charges. The law distinguishes between wounding and grievous bodily harm, and between offences involving intent and recklessness. Advice needs to address the specific charge rather than treating every assault allegation in the same way.
Disputing the allegation or acting in self-defence
Being charged does not mean the allegation has been proved. The prosecution must prove the offence beyond reasonable doubt. Your account, the reliability of the evidence and any available defence all matter.
If you acted to protect yourself or someone else, tell us what you believed was happening and why you responded as you did. Self-defence involves both your belief that the conduct was necessary and whether it was a reasonable response to the circumstances as you perceived them. We can assess whether the evidence supports that defence.
An accident, a mistaken identification or a dispute about what occurred may also be relevant. We can advise on the issues that actually arise in your case, rather than assuming one explanation fits every charge.
For more background, read our guide to self-defence in NSW.
Deciding how to respond at court
Get advice before entering a plea. If you dispute the charge, we can assess the available evidence and prepare to defend the case. Where appropriate, we can negotiate with the prosecution about the charges and the police facts.
If you intend to plead guilty, it is still important to check the facts the court will be asked to accept. We can explain the effect of the plea and help present relevant information about you and the circumstances when the court decides the outcome.
Bail conditions and AVOs
An assault matter may also involve bail conditions or an Apprehended Violence Order (AVO). The charge and the AVO are separate issues, even when they are dealt with together. We can explain the documents and advise on restrictions affecting contact or where you can live.
Keep complying with any current conditions and orders. Get advice before making contact or returning to an address where restrictions may apply. Read about our AVO representation, or tell us if you or your family member is in custody and needs advice about bail.
Sentencing and your circumstances
If an offence is proved, the outcome depends on the charge, its seriousness, your history and the sentencing options available. We can explain the risk of imprisonment and whether an alternative, including a non-conviction outcome where legally available, can be sought.
Preparing to speak with a lawyer
When you contact us, tell us the charge or allegation and, if known, the court and next court date. If you are contacting us on someone else’s behalf, please let us know whether they are in custody. Have any Court Attendance Notice or bail paperwork available. Before sending detailed evidence or confidential documents, ask us how to provide them securely.
For advice about your next step, request a free initial consultation. You can also learn about Ali El-Darwich and ED Legal or explore our criminal law services.
Sources
This page provides general information about NSW assault matters. The applicable law, procedure and available options depend on the charge, the person's circumstances and previous court decisions. This overview is not a substitute for checking the provisions applicable to the particular person and proceedings. Obtain legal advice about the particular matter.
