Assault and Violence Offence Lawyers Sydney
Charged with Assault? Our Criminal Lawyers Can Help.
Kingston Fox Lawyers have a team of criminal defence lawyers who understand the complexities of affray and assault-related offences and are committed to securing the best possible outcome for our clients.
Assault & Violence Charges in Sydney, NSW
Assault and violence offences encompass a broad range of conduct involving physical harm or threats of harm. These can include offences like common assault, assault occasioning actual bodily harm and assault occasioning grievous bodily harm. Each offence sits under the Crimes Act 1900 (NSW) and carries its own penalties.
At Kingston Fox Lawyers, we handle all assault and violence cases including:
- Common Assault (s61, maximum 2 years)
- Assault Occasioning Actual Bodily Harm (s59, maximum 5 years, or 7 years in company)
- Destroying or Damaging Property (s195, maximum 5 years or 10 years if fire or explosives are involved)
- Recklessly Causing Grievous Bodily Harm (s35, maximum 10 years, or 14 years in company)
- Wounding or Grievous Bodily Harm with Intent (s33, maximum 25 years)
- Reckless Grievous Bodily Harm and Reckless Wounding (s35, maximum 10 years or 14 years if in company)
- Armed with Intent (s114, maximum 7 years)
- Affray (s93C, maximum 10 years)
- Assaulting a Police Officer Occasioning Bodily Harm (s60, maximum 7 years)
If you’re facing assault or violence offence charges, it’s important to seek legal advice so that you understand all options available to you.
If you’re facing assault or violence offence charges, it’s important to seek legal advice so that you understand all options available to you.
Meet the Team Behind Your Defence
Common Assault Lawyers
The offence of common assault is committed when a person does something intentionally or recklessly which causes another person to fear immediate and unlawful violence. The maximum penalty in NSW under section 61 of the Crimes Act 1900 (NSW) is 2 years imprisonment. It is one of the most common crimes in NSW.
The types of actions that might result in a charge of common assault include:
- Hitting, punching or kicking a person without causing actual bodily harm
- Spitting on a person
- Threatening immediate violence against another person.
In order to be found guilty of common assault the prosecutor must prove beyond reasonable doubt:
- You struck, touched or applied force to another person or threatened a person with immediate violence
- You intended to do that or were reckless
- You acted without the consent of the other person
- You acted without lawful excuse.
A court can impose any one of the following penalties for common assault:
- Imprisonment Intensive correction order
- Community correction order
- Conditional release order with conviction
- Fine
In NSW, a court can also impose a Conditional Release Order without a conviction, which used to be known as a Section 10 bond. It means that although the offence is proven, no criminal conviction is recorded. The court will take into account a range of factors including the circumstances of the offence and your personal circumstances including employment and health.
Kingston Fox Lawyers are experienced criminal lawyers and as former prosecutors we know the legal system from both sides. We can advise you on all aspects of your matter and ensure that the best possible outcome is achieved for you.
Hear it from our satisfied clients
“A difficult matter that was resolved in my favour”
“Alexandra Sarmed offered me exceptional service and professional assistance with a difficult matter that was resolved in my favour. I couldn’t have asked for any more and I would not hesitate to recommend her to anyone in future. Nor will I ever go anywhere else for legal advice myself. I know if she couldn’t help me she would steer me to the right person for the job.”
“Frank, understanding, hardworking, and knowledgeable”
“We were incredibly lucky to be referred to Alexandra Sarmed for a complex set of charges against my adult child. From the first meeting, we were struck by her sense of humanity. She supported us throughout the process with her frankness, understanding, warmth, humour, hard work and knowledge. Alexandra found an amazing Barrister and together they achieved the right outcome. We will be forever thankful to Alexandra Sarmed.”
“Sympathetic and extremely reassuring”
“Erin was wonderful at a time of extreme stress for me. She listened to me and provided professional and helpful advice. She was sympathetic and clear-thinking, expertly guiding me through a process that was foreign to me. This was extremely reassuring. I would strongly recommend Kingston Fox Lawyers to anybody needing legal representation.”
Assault occasioning actual bodily harm and recklessly cause grievous bodily harm or wounding
The maximum penalty for an offence of assault occasioning actual bodily harm is 5 years imprisonment. If the assault is committed in the company of another person, the maximum penalty is increased to 7 years imprisonment. The matter can be heard in the Local Court or if the accused person or prosecutor elect, may be heard in the District Court. If the matter is heard in the Local Court, the maximum penalty is 2 years imprisonment or a fine of $5,500 or both.
Assault occasioning actual bodily harm under section 59 of the Crimes Act 1900 (NSW) involves an assault that results in any hurt or injury to another person which was done with the intention to interfere with the health or comfort of the victim. The injury does not need to be permanent but does need to be more than trifling or transient. Examples include scratching, bruising and cuts.
The courts view this as a very serious offence.
The maximum penalty for recklessly causing grievous bodily harm or wounding under section 35 of the Crimes Act 1900 (NSW) is 10 years imprisonment and if committed in the company of another person, 14 years imprisonment. The prosecution must prove that the accused person was reckless as to the harm caused to the other person. Examples of grievous bodily harm include:
- Jaw and skull fractures
- Brain damage
- Severe lacerations which require a large number of stitches
If you are charged with a serious offence like assault occasioning actual or grievous bodily harm, it is important to speak with an experienced Assault Lawyer.
Charged with an assault or violence offence? Speak with our criminal defence team about a free initial consultation.
Affray Lawyers
The maximum penalty in NSW for affray is 10 years imprisonment under section 93C of the Crimes Act 1900 (NSW). Affray is the use or threat of unlawful violence towards another person, and which would cause a person of reasonable firmness to fear his or her personal safety.
Examples of some acts which constitute affray include:
- Participating in a riot
- Getting into a fight in front of other people
A charge of affray may be dealt with in the Local Court or in the District Court. If the matter is heard in the Local Court, the maximum penalty is 2 years imprisonment.
Kingston Fox Lawyers are specialised in criminal law and as former prosecutors, know both sides of the legal system. If you have been charged with affray, domestic violence, or any other offence or believe that you are being investigated, contact Kingston Fox Lawyers to discuss your matter.
