Common Assault NSW
Facing a common assault charge in NSW can be stressful and confusing, especially when domestic violence allegations are involved. Although the term “common assault” might sound minor, in reality, the legal consequences can be significant. These may include imprisonment, a criminal conviction, and, ultimately, long-term impacts on reputation, employment and family.
Common assault in NSW refers to any act—whether or not it causes physical harm—that intentionally or recklessly causes another person to apprehend immediate and unlawful violence. Even if there is no physical contact, the Police can charge. Therefore, it’s essential to understand the seriousness of a common assault charge.
At AMA Legal, we understand how daunting it is to be charged with common assault NSW.
Our experienced criminal law firm in Sydney provides legal advice, strong representation, and robust advocacy.
If you’re facing a common assault charge in NSW, seek legal advice and representation. Our common assault lawyers will defend your rights and guide you through the court process.
Contact us today on (02) 8610 3764 for a free, confidential consultation.
What is Common Assault?
The law defines common assault as actions that intentionally or recklessly cause another person to fear immediate violence. For example, this can include throwing objects, raised fists, or sudden, threatening gestures — even if no physical contact is made.
However, if there is contact, such as a push, slap, or grab, it will also fall under common assault charges in NSW provided that it was unlawful and reckless or intentional.
In terms of penalties, the maximum penalty for common assault in NSW is 2 years imprisonment.
Charged with common assault? Consider seeking legal advice to better understand the offence and your legal options.
What Does the Prosecution Need to Prove in a Common Assault Charge?
To secure a conviction, the prosecution must prove beyond reasonable doubt that:
First, the defendant committed an act that caused the complainant to apprehend immediate and unlawful violence, and
Second, the defendant’s act was intentional or reckless, and
Third, the defendant acted without the complainant’s consent, and
Fourth, the defendant acted without a lawful excuse.
Furthermore, if the allegation involves physical contact, then the prosecution must prove that the defendant used force unlawfully and either recklessly or intentionally.
Understanding what the prosecution must prove in a common assault charge can help you assess your legal position early. This is particularly important if you’re unsure whether the alleged conduct meets the legal elements of the offence.
What is the Standard of Proof?
The prosecution bears the onus to prove any criminal charge beyond a reasonable doubt. The principle of “beyond reasonable doubt” is a cornerstone of criminal justice, reinforcing the presumption of innocence. This is the highest standard of proof in our legal system and exists to protect individuals from wrongful convictions. This standard applies in all criminal cases, including charges of common assault.
Accordingly, if the judge or jury has any reasonable doubt about any element of the offence, they must return a not guilty verdict. It is important to understand how reasonable doubt applies in common assault charges, as this can be critical to your defence strategy.
At AMA Legal, we understand your right to silence and the presumption of innocence. Where appropriate, we present your version of events clearly and assertively. We scrutinise the prosecution’s evidence, reveal any weaknesses or inconsistencies, and challenge unreliable or conflicting claims. Thorough preparation is essential when fighting any criminal charge, including a common assault charge.
Common Assault DV T2
Facing a DV T2 charge? Domestic violence-related offences are treated more seriously in court, often involving different legal procedures and sentencing considerations.
When the alleged victim is in a domestic relationship with the accused, then the charge becomes common assault DV T2. Such a classification is more serious. Typically, the Police will also seek a provisional Apprehended Domestic Violence Order (ADVO), which aims to restrict and modify the accused’s behaviour.
Furthermore, the charge, court process and how evidence is collected and presented to the Court is also different when Police allege domestic violence.
Accordingly, we work tirelessly to protect your rights, carefully manage the legal and personal consequences, and provide comprehensive support throughout the process.
Contact AMA Legal for advice if you’re facing a common assault DV T2 charge.
Legal Defences to Common Assault
If you’re facing a common assault charge in NSW, our Common Assault Lawyers in Sydney can advise you on whether any legal defences may apply to your situation.
Self Defence
In NSW, self-defence is a statutory defence available under Part 11 Crimes Act 1900. Therefore, if an individual can prove that their actions (constituting common assault) were necessary to protect themselves or others from immediate harm, they may be acquitted. However, the defendant’s response must be reasonable under the circumstances as they perceived them.
Duress
Under Common Law, you may have a valid defence if your actions were carried out under a serious and immediate threat to you or your family. In such cases, the law acknowledges that individuals may act unlawfully when their free will is overpowered by the fear of significant harm.
Lawful Correction
Parents or guardians may claim lawful correction if physical discipline was reasonable and within legal limits.
However, this defence is quite narrow and only applicable in limited circumstances. Specifically, section 61AA Crimes Act 1900 outlines that the discipline must be reasonable in the context of the child’s age, the severity of the act, and the circumstances.
Therefore, while this defence may be available in certain cases, it does not apply broadly and is subject to strict legal criteria.
FAQs About Common Assault Charges in NSW
What is the meaning and legal definition of common assault in NSW?
The meaning of common assault in NSW refers to conduct that intentionally or recklessly causes another person to fear immediate and unlawful violence. This includes physical acts like slapping or pushing, as well as non-contact actions such as raised fists or threatening gestures.
Under NSW law, the legal definition of common assault is broad and does not require physical contact or injury. It is a summary offence under section 61 Crimes Act 1900 (NSW), punishable by up to 2 years imprisonment.
How serious is a common assault charge in NSW?
A common assault charge in NSW is taken seriously by the courts, even if no physical injury occurs. Although it is a summary offence, it carries a maximum penalty of up to 2 years imprisonment.
In practice, the sentence will depend on the circumstances of the offence and the offender.
What is the penalty for a common assault charge in NSW?
In NSW, the maximum penalty for a common assault charge is 2 years imprisonment. However, the actual sentence will depend on factors such as the nature of the offence, any prior convictions, and whether the assault involved domestic violence. Penalties can include a criminal conviction, good behaviour bond, fine, or jail. Legal advice is crucial to understand what penalty you may face in your circumstances.
Is common assault a T2 offence in NSW?
Yes. Common assault is typically classified as a Table 2 offence under the Criminal Procedure Act 1986, meaning it is normally dealt with in the Local Court. Only the prosecution, not the defendant, may elect to proceed in the District Court. When an alleged assault occurs in a domestic relationship, it will be charged as common assault DV T2.
How Our Common Assault Lawyers in Sydney Will Defend Your Case
STEP 1: Contact our Common Assault Lawyers
Get in touch with our Common Assault Lawyers in Sydney on (02) 8610 3764 to arrange a free confidential consultation, either in person or over the phone. We’ll assess your case and explain how we can help.
STEP 2: Consultation with our Common Assault Defence Lawyers
Speak directly with an experienced common assault defence lawyers to receive strategic legal advice tailored to your situation. We’ll explain your legal options, discuss likely outcomes, and begin preparing your defence.
STEP 3: Early Negotiation with Police and Prosecutors
Our common assault lawyers act early to negotiate with police and prosecutors. We aim to have your charges withdrawn, downgraded, or resolved — wherever possible
STEP 4: Representation in Court
Our Sydney common assault lawyers will appear in court to strongly defend your rights. Whether you're contesting the charge or entering a plea, we ensure you receive experienced representation at every stage.
Why Legal Representation Matters
Every common assault NSW case is different. The outcome will often depend on the nature of the incident, the strength of the evidence, and whether any applicable defence is properly raised in Court. That’s why having the right legal team is crucial.
At AMA Legal, we:
- Provide tailored and strategic criminal defence representation
- Navigate the complexities of domestic violence-related allegations
- Practise in related areas including family law and traffic law to deliver comprehensive support
- Most importantly, understand what’s at stake—and fight to protect your rights
Need help? Contact our Common Assault Lawyers in Sydney today to speak with a trusted criminal law firm.
RELATED ⇒ Malicious Wounding Charge
If the assault leads to an injury where the skin was broken through both the outer (epidermis) and inner (dermis) layers, a wounding charge may be pursued by the Prosecution. This is a serious offence that carries significant penalties and is typically prosecuted in the District Court.
Learn more about malicious wounding charges in NSW.
RELATED ⇒ Assault Occasioning Actual Bodily Harm
While common assault does not involve actual bodily harm, more serious assaults resulting in bodily injury may be charged as assault occasioning actual bodily harm under section 59 of the Crimes Act 1900 (NSW).
Learn more about assault occasioning bodily harm in NSW.
For consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
