Charged with common assault?
Common assault is one of the most frequently prosecuted assault offences in NSW. ED Legal represents people charged with common assault in Sydney and across NSW, including matters arising from arguments, physical confrontations and domestic incidents.
A common assault charge does not require a serious injury. The evidence about what happened, what was intended or foreseen and whether there was lawful justification can be decisive.
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How we can help you
We can review statements, CCTV, body-worn video, photographs, messages and other available evidence, compare it with your account and explain what the prosecution must prove.
We can advise before a police interview, prepare a defended hearing, make representations where appropriate and represent you at sentence if you plead guilty or are found guilty.
Before speaking with police or attending court
If police want to interview you about an alleged assault, obtain legal advice before deciding whether to participate. You are entitled to understand your position before giving an account.
Keep your Court Attendance Notice and bail or AVO papers. Preserve relevant messages, photos and footage. Do not contact a complainant in breach of any order or condition.
Understanding common assault
Section 61 of the Crimes Act 1900 (NSW) provides for common assault. It can cover unlawful physical contact as well as conduct that intentionally or recklessly causes another person to apprehend immediate unlawful violence.
What can amount to common assault
Common assault can include striking, pushing or other unlawful force. Physical contact is not always required: depending on the circumstances, threatening conduct can amount to an assault where it creates the required apprehension of immediate unlawful violence.
What the prosecution must prove
The prosecution must prove the offence beyond reasonable doubt. The issues may include whether the alleged act occurred, whether it was intentional or reckless, whether any threatened violence was immediate and whether the conduct was unlawful.
Maximum penalty
The maximum penalty under section 61 is 2 years imprisonment. The actual outcome depends on the seriousness of the conduct, any injury, prior record, surrounding circumstances and the sentencing options available.
Defending a common assault charge
A common assault charge can be defended where the prosecution cannot prove an element of the offence beyond reasonable doubt.
Self-defence may apply where you believed your conduct was necessary to defend yourself or another person and your response was reasonable in the circumstances as you perceived them.
Other issues can include accident, mistaken identity, unreliable witnesses, missing context from video or messages, and whether the alleged conduct was legally justified.
The correct defence depends on the evidence. We will assess the case you actually face rather than applying a generic response.
Deciding how to respond at court
Get advice before entering a plea. If the allegation is disputed, we can prepare the matter for hearing and make appropriate representations about the charge or facts.
If you intend to plead guilty, the agreed facts and sentencing material still matter. We can help ensure the court receives an accurate account of the incident and relevant information about you.
AVOs and bail conditions
Common assault charges, particularly domestic violence matters, may be accompanied by an AVO or bail conditions. Those restrictions operate separately from the criminal charge and must be followed.
If conditions affect contact, your home or family arrangements, obtain advice before acting. We can explain the criminal case, the AVO and any bail issue together.
Sentencing for common assault
Sentencing depends on the objective seriousness of the assault and your personal circumstances. Relevant matters can include any injury, the context, prior convictions, remorse, rehabilitation and the need for deterrence. We can explain the available options, including whether a non-conviction outcome can properly be sought.
Preparing to speak with a lawyer
Tell us the charge, court and next date if known, and whether there is an AVO or bail condition. Have any Court Attendance Notice, police facts and relevant evidence available. Do not alter or delete messages or footage.
For advice about a common assault charge, contact ED Legal for a free initial consultation. You can also review our main Assault Lawyer Sydney & NSW page.
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Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
