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ASSAULT CHARGES
Assault occurs where a person intentionally or recklessly causes another person to fear immediate violence which may or may not include the use of force. Force can include hitting, punching, striking, kicking or pushing or indeed any application of force. It does not matter whether it is soft or hard or whether injury occurs.
Common assault carries a maximum penalty of two years gaol. Assault occasioning actual bodily harm carries a maximum of 5 years, with grievous bodily harm carrying a maximum penalty of 7 years. It is an offence to resist or wilfully obstruct police in the execution of their duty, with a maximum penalty of 5 years. The maximum penalty for assaulting a police officer in the execution of their duty is also 5 years. Assaulting a police officer and inflicting actual bodily harm also carries a 5 year penalty, with a 3 year non-parole period. The maximum penalty for inflicting grievous bodily harm on a police officer in the execution of his duty is 12 years.
Most people facing court for the first time on a charge of common assault, or assault inflicting actual bodily harm, are concerned about the prospect of community service, periodic detention or even full time custody. It is important to realize that, with these types of charges, thorough and detailed case preparation is everything and can result in a dramatic improvement in the outcome. In fact there is a very real prospect of avoiding a conviction altogether and getting a “Section 10” from the Magistrate, where the charges are dismissed. This will mean there is no danger of weekend detention or community service, or a large fine. It also means working in the public service and traveling overseas remains a possibility – and you won’t pay for a drunken night out or an argument with your partner that got out of hand for the rest of your life.
We firmly believe in providing expert legal advice at very reasonable rates. Your first appointment with us is free. At that meeting, we will explain the likely outcomes and the best ways of preparing the case. We will also tell you exactly how much the case will cost and provide you with a written costs agreement in plain English.
If you have been charged with assault, or an assault related offence, call us now for fast, accurate and timely legal advice.