Assault charges cover a wide range of conduct, from a push to a serious injury. The specific charge, and what the prosecution can actually prove, matters enormously.
Key points
- Assault charges range from common assault to intentionally causing serious injury, which carries up to 20 years’ imprisonment.
- Self-defence is a complete defence if you believed your conduct was necessary and it was a reasonable response in the circumstances as you saw them.
- Assaults in a family setting are often accompanied by an intervention order application.
- Some first-time, lower-level matters may be suitable for diversion, which avoids a criminal record.
Common charges
- Common assault (Summary Offences Act 1966)
- Unlawful assault
- Recklessly or intentionally causing injury
- Recklessly or intentionally causing serious injury
- Affray and violent disorder
- Assaulting an emergency worker
Possible defences
- Self-defence or defence of another person
- Mistaken identity, or the evidence does not prove who did it
- The required intention or recklessness cannot be proved
- Inconsistencies in witness accounts or CCTV that does not support the allegation
How we help
We review the brief, CCTV and medical evidence closely, and negotiate with the prosecution to withdraw or reduce charges where the evidence does not support them. If the matter proceeds, we brief a barrister experienced in contested violence matters or prepare a strong plea.
Frequently asked questions
The other person started it. Do I have a defence?
Possibly. Self-defence applies where you believed your conduct was necessary and it was a reasonable response in the circumstances as you perceived them. Whether it fits depends on the detail, so get advice before speaking to police.
Can the charge be downgraded?
Often charges are negotiated down, for example from causing injury to unlawful assault, where the evidence supports a lesser charge. This can significantly change the likely penalty.