Common Assault in New South Wales

Do you know that verbal threats or causing fear to another person or attempted use of physical force is common assault under section 61 of the Crimes Act 1900 (NSW)?

Physical violence or injuries as some people perceived is not an element of common assault. If a person caused fear because you committed threats of violence, you might be liable for common assault. We regularly handle cases where arguments between couple or friends became heated and threatening and the accused was then charged by the Police.

Criminal cases filed in Court cannot just be withdrawn by the Police even if the parties have reconciled. The accused has to attend the Court and either defend or plead guilty to the charge. This might have serious consequence on your criminal history especially if you are not an Australian citizen unless it is your first time being charged and the Court will impose a sentence under section 10 of the Crimes (Sentencing Procedure) Act 1999, where the Court can find the accused guilty but discharge the matter without recording a conviction.

When charged of this offence, it is best to seek legal advice upon being charged and before going to Court. It might be that you threatened the other party in self-defence or there was duress made by the victim. It is also possible also that you cannot justify your action in which case you consider pleading guilty at the earliest opportunity to get a discount and avoid jail.

Our firm accepts criminal matters. Please call us at our office number (02) 96356500 to book for a consultation.