Do you need to file assault charges against someone? Assault inflicts physical harm on a person without their consent or knowledge. Did someone push you out of nowhere? Maybe someone punched you at a bar to start a fight?
This example is similar to a piece of recent news where James Bodie assaulted a person in a pub in Yorke Peninsula. Australian criminal laws take assault matters seriously and Bodie was sentenced to jail just shy of three years.
Assault charges can range from a minor altercation to a violent attack which in turn, translates to small or heavy penalties. If Bodie had gone further with his assault, he would probably have had a longer time in jail. Let’s read on so you know what to do or how to file for an assault charge.
Types of Assault
There are varying degrees of assault in Australia which affects the type of assault charge that the perpetrator may face. Here are the types of assault in Australia:
1. Common Assault
Common assault is a minor offence when there’s intentional or unwanted physical contact, but without causing significant injury. Some examples of this assault offence include:
- Pushing someone
- Spitting or throwing your drink on someone
- Throwing a light object at someone such as a tissue roll or a newspaper
2. Assault Causing Actual Bodily Harm
This is a more serious offence. While common assault involves harm with minimal injury, assault causing harm highlights assaulting someone that results in significant injury. For example, someone threw a water bottle and it bruised someone on the face. Another example of this offence is pushing someone off the stairs and causing the victim to have a sprain.
3. Unlawful Wounding
Unlawful wounding is a more serious offence than assault causing harm. Let’s use the example again where a person threw a bottle at someone. For instance, the person threw the bottle with enough force that the damage caused bleeding. Anything that penetrates the skin and causes bleeding is unlawful wounding.
4. Grievous Bodily Harm
You may have heard of an assault charge because of grievous bodily harm. This is one of the most serious harms of assault. Basically, people who suffer grievous bodily harm lose a part of their organ that is a life-threatening assault injury or may cause permanent injury. Some examples include broken bones, head injuries/traumas, or severe internal bleeding.
5. Serious Assault
Serious assault happens when a person harms a person who has authority such as a police officer or a public officer. A person with authority (let’s say a police officer) may file for an assault charge if they were, for example:
- Bitten on the arm when they were restraining a perpetrator
- Spat on when they were cornering a perpetrator
6. Sexual Assault
This type of assault is also one of the most serious ones and can cause traumatising moments for victims. Sexual assault is common and happens more frequently than we think. This act coerces someone to engage in sexual conduct without their consent or knowledge. Aggravated sexual assault is a more serious offence under this category where a weapon is used to coerce someone to engage in sexual acts.
What Are the Penalties?
Fines are always imposed on an assault charge and even imprisonment. Here are the penalties for different types of assault in NSW:
| Type of Assault | Penalty/Maximum Penalty |
| Common Assault | Maximum two years imprisonment |
| Assault Occasioning Bodily Harm | Four years for using a weapon (threatened or actual). Seven years if the victim is a police officer, prison officer, or other designated official on duty (and the offender knew this). Seven years if the victim is a healthcare, retail, or emergency service worker on duty (and the offender knew this). |
| Causing Harm | 10 years imprisonment for the basic offence 13 years for aggravated assault circumstances. |
| Causing Grievous Bodily Harm | Maximum of 20 years imprisonment for causing harm with intent 25 years for aggravated situations. |
| Sexual Assault | 14 years for sexual intercourse without consent 14 years for sexual assault by self-manipulation. Compelling self-manipulation means forcing someone to harm themselves in some way. |
What to Prepare if You Have an Assault Charge
- Character References: These are written statements from friends, family or colleagues that describe your character. A good character reference can highlight the good character of a defendant and still acknowledge their offence.
- Letter of Apology: This letter states how a defendant is sincere and takes responsibility and accountability for their offence. Defendants should write this letter and how the offence has affected you and potentially the victim (if applicable).
- Early Guilty Plea: Plead guilty as soon as possible to show you’re accountable. This can even help the sentencing judge see how remorseful you are of your offence and may reduce your sentence or penalties.
- Rehabilitation: There are rehabilitation services that can help assault offenders get back on track in their lives.
All kinds of disputes and altercations are manageable through proper communication. Sometimes people cannot stop themselves and lose their cool during confrontations. But we cannot just justify hurting someone for no reason or minor reasons.
Assault Due to Self-Defence
What if someone was charged with assault but it was due to self-defence? Some people who get into bar fights or confrontations sometimes fight back for self-defence purposes. Section 10.4 of the Criminal Code Act outlines the parameters for self-defence. The law states that:
- Your actions were necessary to defend yourself or another person from immediate/imminent harm, immediate and unlawful violence, unlawful imprisonment, or property damage
- The actions you made were reasonable enough in response to the perceived danger or threat
- A person must only use self-defence to a reasonable extent. The law prohibits the use of excessive force especially when protecting property or removing trespassers.
- Responding to lawful actions or using excessive force can negate a self-defence claim
How Can We Help With an Assault Charges?
Our criminal lawyers at JB Solicitors are knowledgeable in criminal law matters, particularly with assault charge cases. Did you get into an altercation because of self-defence? Do you need to plead guilty to the magistrates court or any other court because of an assault charge? We are here to help you with your criminal law matter and guide you to the proper legal procedure.
Contact us today.
Check out our blogs about the Crimes Act 1900 (NSW) if you want more information about assault offences and other criminal offences.
