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Assault Offences

Protecting Your Rights. Every Step of the Way.

What You Need to Know

Facing assault charges can be a stressful and confusing experience. We’re here to protect your rights and provide expert legal representation throughout the entire process.  At Foye Legal, we specialise in providing expert legal representation for a wide range of assault charges in NSW.

Understanding Assault Offences

Whether you are facing allegations of common assault, assault against a Police Officer, assault with intent to commit a serious indictable offence, or assault occasioning grievous bodily harm, our team are there to support you each step of the way.

KEY TAKEAWAY

What constitutes serious assault? What are the levels of assault charges, and what is the lowest form of assault? In this complete guide on assault charges we answer these questions, and more.

There are various types of assault charges, including aggravated assaults, bar fight assault charges, assault charges for first offences, non-physical and physical assault charges, verbal assault charges and so on.

Grievous Bodily Harm

Grievous Bodily Harm (GBH) is defined to include any permanent or serious disfiguring of a person & includes the destruction of a foetus, as well as causing a person to contract a grievous bodily disease.

 

In New South Wales, GBH-related offences include:

  • Recklessly Causing Grievous Bodily Harm: Inflicting serious injury without intent but with reckless disregard for the consequences. This offence carries a maximum penalty of 10 years’ imprisonment.
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  • Recklessly Causing Grievous Bodily Harm in Company: Committing the above offence with others, which can lead to a harsher penalty of up to 14 years’ imprisonment.
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  • Causing Grievous Bodily Harm with Intent: Deliberately inflicting serious injury, punishable by up to 25 years in prison.
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  • Causing Grievous Bodily Harm with Intent to Murder: Intending to cause serious harm with the aim of committing murder, which is among the most severe offences under the law.
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  1. Penalties for these offences vary based on factors such as the severity of the injury, the offender’s criminal history, use of weapons, & other circumstances. Each charge has specific elements & potential defences, making it crucial to seek experienced legal representation.
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Assault or Resist Police Offences

Assaulting or resisting a police officer are serious criminal offences in New South Wales. Assaulting a police officer involves intentionally applying force, such as hitting or pushing, or threatening violence against an officer performing their lawful duties. Resisting arrest refers to actions that obstruct or hinder an officer’s lawful attempts to detain or carry out their duties.

Penalties for these offences can be severe, including imprisonment & fines, depending on the circumstances & severity of the incident. It’s crucial to understand your rights & obligations when interacting with law enforcement to avoid such charges.

Both assault and resisting police are serious crimes that can result in significant fines and gaol time, depending on the severity of the offence. If you have been charged with one of these crimes, it is important to seek legal counsel as soon as possible to protect your rights & defend yourself against the charges.

Assault Police Officer – NSW

Assault Police Office Occasioning Actual Bodily Harm – NSW

Wound of Inflict Grievous Bodily Harm to Police Officer – NSW

Intimidate Police Officer – NSW

Note:

If police allege that you assaulted a police officer you could also be charged under section 58 Crimes Act. This offence has the same maximum penalties as an offence under section 60(1).

This page only relates to offences under section 60(1) of the Crimes Act.

Affray & Riot

  1. Affray and Riot are criminal offenses that involve the use of violence or the threat of violence in a public place. These crimes can have serious consequences & it is important to understand the differences between the two offenses.

    Affray and Riot are serious criminal offences in New South Wales, each involving unlawful violence that can lead to significant legal consequences.

    Affray is defined under Section 93C of the Crimes Act 1900 (NSW) as the use or threat of unlawful violence by one or more individuals, causing a person of reasonable firmness present at the scene to fear for their personal safety. This can occur in both public &  private settings & includes situations like physical altercations or escalating verbal disputes. The maximum penalty for affray is up to 10 years’ imprisonment.

    Riot, as outlined in Section 93B of the Crimes Act 1900 (NSW), involves 12 or more persons using or threatening unlawful violence for a common purpose, resulting in fear for personal safety among bystanders. Riot is considered more severe than affray due to the number of participants and the collective intent to cause public alarm. Convictions can lead to penalties of up to 15 years’ imprisonment.

    Violent Disorder is a related offence under Section 11A of the Summary Offences Act 1988 (NSW). It involves three or more persons present together using or threatening unlawful violence, causing a person of reasonable firmness to fear for their safety. This offence carries a maximum penalty of 6 months’ imprisonment and/or a fine of up to 10 penalty units (currently $1,100).

Key Differences

  • Number of Participants: Affray can involve a single individual, while riot requires at least 12 participants, & violent disorder involves three or more individuals.
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  • Severity and Penalties: Riot carries the most severe penalties due to the scale and intent of the offence, followed by affray, with violent disorder considered less serious.
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  • Public vs. Private Settings: Affray can occur in both public and private places, whereas riot & violent disorder typically occur in public settings.

Legal Representation:

  1. If you’re facing charges of Affray, Riot, or Violent Disorder, it’s crucial to seek experienced legal counsel. At Foye Legal, with offices in Wollongong, Shellharbour, and North Sydney, our team is dedicated to providing comprehensive legal support tailored to your situation. We understand the complexities of these offences & are committed to protecting your rights & achieving the best possible outcome for your case.

    Criminal Assault Charges of this nature should be taken seriously, and you should seek legal representation ASAP. We advise not to speak with Police or answer questions without your solicitor/lawyer present – this is your legal right.

We’re in this together

Criminal Law is complex & involves allegations against individuals by the state. Foye Legal provides tailored and compassionate advice, and representation. As no two cases are the same, we ensure our approach and your case is handled with the utmost of case.

WorkingWith Your Lawyer: Your Essential Toolkit

Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.

What To Expect From Your First Consultation With Us

Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.

Crime & Traffic Offences

FAQs

In Australia, individuals have the right to remain silent, the right to speak with a lawyer, and the right to know why they are being detained. You are not obligated to answer police questions beyond providing your name and address in certain circumstances. It’s advisable to seek legal counsel if detained or questioned​.

DUI offences are taken seriously in Australia, and penalties can include fines, license suspension, and in severe cases, jail time. Penalties vary by state and can depend on factors like blood alcohol concentration (BAC), repeat offences, and whether any harm occurred. Completing a Traffic Offender Intervention Program may reduce penalties in some states​.

A criminal conviction may appear on your criminal record and can impact future employment, especially if the job involves sensitive positions or government roles. Some offences may be “spent” (removed from your record after a period), depending on the nature of the offence and state laws​.

If you receive a traffic infringement notice, you have options to either pay the fine, appeal the notice, or elect to have the matter heard in court. Ignoring the notice can lead to additional penalties, including possible suspension of your license. Some states offer programs or options for appealing certain types of traffic fines​.

Criminal charges can sometimes be dismissed or downgraded depending on factors like the strength of evidence, mitigating circumstances, or procedural errors. Negotiating with prosecutors or having a lawyer present a strong defense can sometimes lead to reduced charges, especially for minor offences​.

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