Yes, you can.
Assault laws in NSW are strict, and even a seemingly minor incident—like pushing someone during an argument—can result in criminal charges and a possible jail sentence.
What is Assault Under NSW Law?
Under Section 61 of the Crimes Act 1900 (NSW), an assault occurs when:
- A person intentionally or recklessly applies force to another
- There is an attempt or threat to apply force
You don’t need to cause serious injury or use a weapon.
Even unwanted physical contact or threats of violence can be enough.
Types of Assault Charges
- Common Assault – Includes slapping, pushing, or verbal threats (max 2 years imprisonment)
- Assault Occasioning Actual Bodily Harm (ABH) – Results in minor injuries like bruises (max 5 years)
- Reckless Grievous Bodily Harm (GBH) – Serious injuries, often requiring surgery (up to 10 years)
- Wounding or Intent to Cause GBH – Deep cuts or broken bones (up to 25 years)
Common Scenarios That Lead to Charges
- Fights in public or at bars
- Domestic arguments
- Schoolyard or workplace altercations
- Resisting arrest or pushing a police officer
Penalties and Outcomes
Even for first-time offenders, courts may impose:
- Criminal convictions
- Fines
- Community Corrections Orders (CCO)
- Intensive Corrections Orders (ICO)
- Full-time imprisonment
Possible Defences
A skilled criminal lawyer may argue:
- Self-defence
- Defence of another person
- Lack of intent or accidental contact
- Consent, in some limited scenarios
Can You Avoid a Conviction?
Yes, if the court is persuaded to deal with the matter under a Conditional Release Order without conviction, especially if the incident was out of character or provoked.
Get Expert Help
Being charged with assault can affect your career, relationships, and even your visa or travel rights.
It’s vital to get legal advice early to explore your options.
Facing assault charges in NSW? Contact us to discuss your case and your best path forward.