Being charged with Assault Occasioning Actual Bodily Harm (ABH) can feel overwhelming, but it’s important to remember that with the right legal guidance, the situation can be managed.
Many people in similar circumstances have achieved positive outcomes, and you don’t have to face this alone.
Unlike common assault, ABH involves physical contact that results in some level of injury, such as bruising, cuts, or fractures.
While the law treats it more seriously, the outcome in your case will depend on the specific circumstances and the way your case is presented to the court.
This is where having an experienced criminal defence team on your side makes all the difference.
At Rezae & Co Lawyers, we understand how courts in NSW approach ABH matters and are aware of the key factors they consider when deciding outcomes.
Our team has helped numerous clients achieve favourable outcomes, including Conditional Release Orders (CROs) without a conviction or criminal record.
Your next step is simple: reach out to our team for a free consultation on (02) 8893 1217.
The sooner you get advice, the better positioned you’ll be for a positive outcome.
To be found guilty of the offence of assault occasioning actual bodily harm, the prosecution must prove beyond a reasonable doubt that:
The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment.
However, where it is an ‘aggravated’ offence, that is, where family violence is involved, the maximum penalty is 7 years imprisonment.
In some cases, you may have a defence available to you if you have been charged with assault.
These include:
An accused may argue that they acted in self-defence or in the defence of others.
An accused may argue that they committed the act in order to avoid certain consequences which would have inflicted irreparable evil upon the accused or upon others, the accused honestly believed on reasonable grounds that they were placed in a situation of imminent peril and that the act was not out of proportion to the peril to be avoided.
An accused may argue that they committed the act because of threats of death or serious injury to themselves or a member of their family if they did not commit the act.
Furthermore, those threats must have been of such a nature that another person of ordinary firmness and strength of will who is the same maturity and gender of the accused and was in the accused’s position would have given in to them and committed the crime that was demanded of them.
Facing an ABH charge can feel overwhelming, but with the right support, you can move forward with confidence. We guide clients through every step, explain the options clearly, and work toward achieving the best possible outcome in court.
