Criminal Defence Lawyers Australia® are an award-winning, trusted criminal law firm in Sydney who appear regularly across all criminal courts, specialising in assaults charges.
Alleged to have assaulted someone? Let our experienced team of lawyers help you. We will fight for you through every stage of the case.
The law on assaults and the court process can be complex. There are many types of assaults, charges for assault and defences to assault in NSW. We can explain it all to you in an easy to understand way.
Call our 24/7 hotline today to speak to a lawyer, and benefit from our decades of experience, affordable fixed fees, free 1st consult, and proven track record of high success in:
- Getting section 10 non-convictions
- Getting assault charges dropped early
- Securing ‘not guilty’ verdicts in court
- Avoiding Imprisonment Sentences
Some of our achievements:
Over 200 five-star online reviews
- Amongst ‘the best criminal lawyers in Sydney’ 2021, by Bestinau.
- Three Best Rated Criminal Lawyers’ 2021, by Three Best Rated
- ‘Leading Specialist in Criminal Defence Law 2020’, by APAC Legal Awards
- Global Awards 2020 Winner for ‘Criminal Defence Law Firm of the Year’
- ACQ Law Awards Winner for ‘All Assaults Law Firm of the Year 2019’
The law has an extensive list of serious assaults to less serious assaults in NSW.
An assault ranges from non-physical to physical contact without consent.
It can be either with the intention to cause about the requisite fear of immediate and unlawful violence or unlawful physical force, or to recklessly bringing about the same.
Reckless assault is when an offender realises, at the time, the possibility of causing that requisite fear or unlawful violence, but acts anyway. It’s a lesser serious type of assault than an intentional assault.
You can only be guilty of an assault charge if the prosecution succeed in proving each of the following 3 elements in court beyond reasonable doubt:
- The assault was intentional or reckless
- The alleged victim did not consent
- The fear or violence was caused by your physical act
Defences to Assault
How to defend assault charges in NSW? You may successfully defend an assault charge if:
- You acted in self-defence to protect yourself, your property or to protect someone else.
- The allege victim was unaware of your alleged assault
- Your alleged assault was an inevitable conduct of everyday life or accepted by the general community
- You were exercising a citizens’ arrest using reasonable force
- Lawful correction by way of disciplining your child
- You acted out of a necessity or duress
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.
Why you should choose CDLA for your assault case?
At CDLA, we know the law on assault cases like the back of our hands. This is because we only specialise in criminal law, with decades of experience. Why do so many people entrust us to take on their cases?
- Our experienced lawyers are results-focused and have attained an outstanding proven track record of success in getting charges withdrawn early, achieved ‘not guilty’ verdicts in jury trials and hearings, and achieved s10 non-conviction outcomes countless times for serious assaults.
- Award winning specialists in criminal defence in Australia. Other than the list of accolades achieved over the years, our lawyers are recognised as leaders in the profession, having represented some of Australia’s most high profile cases in history.
- Highly respected. We are very well versed in the law, we know how to best navigate through the court processes, and we’re familiar with the Judges and Magistrates in Court whom we have been appearing in front of in court for years.
- Personalised service. Our lawyers are passionate in achieving justice for our clients, and with this focus naturally comes, hard work, dedication and discipline on our clients cases. We work around the clock and are available 24/7 for our clients. We understand that this is probably the most difficult period of time in your life, and we are genuinely here to help.
- Affordable fixed fees. We provide affordable fixed fees for almost all criminal cases. During your free first consult with one of our specialist criminal lawyers, you will also be provided with a transparent fixed fee quote for your entire case.
- Our resources. At CDLA, we work as a team. This means your case will have all the benefits of the experience and brains of the best talented senior criminal lawyers and barristers in the nation.