Common Assault is the least serious of all the assault offences. Generally speaking, it is applicable where it is alleged that one person assaults another but does not cause any lasting injury or scarring. It is possible that you can be imprisoned for common assault and thus you should take this charge seriously.
The offence of common assault is prescribed under section 61 of the Crimes Act (NSW). This section states that:
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
Defences
If you have been charged with common assault, there may be a number of defences available to you, which could in turn find you ‘not guilty’ of the offence. Such defences may include:
1. Self Defence - You were defending your self
2. Necessity – It was legally necessary for you to commit common assault
3. Duress – You were forced to commit common assault by another party.
4. Challenging the legitimacy of the charge on legal technicalities
Penalties
The maximum penalty for a person convicted of common assault is imprisonment for 2 years.
How can Prime Lawyers help?
The criminal lawyers at Prime Lawyers are experienced in representing people who have been charged with common assault. We will advise you on whether you have a defence available to you which could subsequently lead to a ‘not guilty’ verdict. We will also advise you on what we think the punishment is that you will receive if you plead guilty to the common assault offence.
Our criminal law team are experienced in both defending this charge and acting on guilty pleas. If you plead guilty to common assault, we will represent you in court and assist you minimise the penalty the court imposes.
If you have been charged with common assault or any other criminal offence, call us now on
(02) 9521 2222. You can also
send your enquiry online now and we will contact you shortly.