Assault Lawyers Sydney
Get a powerful strategic defence for any assault charge. Our expert Sydney criminal lawyers fight to have charges withdrawn or downgraded, protecting your record and your freedom.
- Strategic Defence for Any Criminal Charge
- Proven Record of Downgraded Charges & Not-Guilty Verdicts
- Avoid a Criminal Record & Severe Penalties
- Clear Legal Advice from a Senior Criminal Lawyer
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Expert Defence for Every Type of Assault Charge
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our experienced assault lawyers provide specialist legal advice and representation for all types of assault charges in NSW.
Our goal is to achieve the best possible outcome, whether that’s having the charge withdrawn, securing a downgrade, or avoiding a criminal conviction.
We provide a results-focused legal defence for all matters related to an assault offence, including:
- Affray
- Assault Occasioning Actual Bodily Harm
- Assault Police
- Attempt To Choke
- Common Assault
- Custody Of Knife In Public
- Failure Of Parent To Care For Child
- Grievous Bodily Harm Or Wounding With Intent
- Offensive Language Or Conduct
- Reckless Grievous Bodily Harm Or Wounding
- Resist And Obstruct Police
- Riot
- Stalk Or Intimidate
- Use Carriage Service To Threaten
Penalties for Assault Charges in NSW
Understanding the potential penalties for an assault charge in NSW is critical. The consequences for this criminal offence are severe and depend on the specific type of assault, the level of harm caused, and the circumstances of the case. A criminal conviction for any assault offence can have a lasting impact on your future, affecting your employment and ability to travel. Our experienced criminal lawyers are dedicated to navigating the court process to minimise these penalties and protect your record.
The maximum penalties for various types of assault charges are outlined in the Crimes Act 1900 (NSW):
| Type of Assault Offence | Maximum Penalty |
|---|---|
| Common Assault | 2 years imprisonment |
| Assault Occasioning Actual Bodily Harm | 5 years imprisonment |
| Reckless Grievous Bodily Harm or Wounding | 10 years imprisonment |
| Wounding or Grievous Bodily Harm with Intent | 25 years imprisonment |
It Is Possible to Avoid the Harshest Penalties
An experienced assault lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can prepare a thorough and persuasive case to argue for the best possible outcome.
This may involve having the assault charge withdrawn, downgraded, or arguing for a non-conviction order such as a Section 10 dismissal. This allows the court to find you guilty but dismiss the charge without recording a criminal conviction, saving your future and your record.
Pleading 'Not Guilty' to Assault Charge
If you choose to plead ‘not guilty’, the prosecution is required to prove every element of the assault charge against you beyond a reasonable doubt. Our role is to create that doubt. We will receive the police brief of evidence, which includes witness statements and any other material the prosecution relies on, and strategically challenge it.
Your case will proceed to a defended hearing where we will cross-examine the prosecution’s witnesses and present your defence. A successful legal defence can result in the charges being dismissed and a ‘not guilty’ verdict. We will explore every avenue, including self-defence, to build the strongest case for your acquittal.
Pleading 'Guilty' to Assault Charge
Pleading guilty can be a strategic decision made after careful legal advice. Even with a guilty plea, achieving the best possible outcome is critical. The sentencing process will rely heavily on the police ‘fact sheet’, which outlines the details of the offence. It is vital that this document is accurate and fair.
Our experienced assault lawyers can negotiate with the prosecution to amend the facts, ensuring they don’t present an unfairly damaging version of events. At sentencing, we will present a powerful case on your behalf, highlighting mitigating factors and arguing for leniency to minimise penalties and protect your future.
Possible Defences to an Assault Charge
When you are charged with assault, it does not automatically mean you will be found guilty. There are a number of robust legal defence strategies that may be available in your case. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we will thoroughly analyse the evidence to determine the best defence for your specific situation.
Possible defences to an assault charge can include:
- Self-Defence:Â Your actions were a necessary and reasonable response to protect yourself, another person, or your property from a threat.
- Duress:Â You were forced to commit the act against your will under a serious threat of harm.
- Necessity:Â You committed the offence to avoid a greater harm resulting from an urgent and immediate danger.
- Lawful Correction:Â In cases involving a child, the force used was for the purpose of discipline and was reasonable in the circumstances.
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What Our Clients Say
- Ironclad Defence
We build a powerful & proactive defence from the very beginning. We prepare & identify every weakeness in the prosecution’s case to secure your defence.
- Fierce Advocacy
Our lawyers are your fierce advocates, both in & out of the courtroom. We are committed to protecting your rights, your future, and your peace of mind with fearless representation.
Have Sydney's Best Criminal & Traffic Lawyers On Your Side
When you face a criminal or traffic charge, having a formidable legal team in your corner is not a luxury – it’s a necessity. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our reputation for relentless advocacy and strategic excellence is why we are consistently involved in significant, high-profile cases.
Our work, often highlighted by the media, demonstrates our commitment to every client. We apply the same level of tenacity and expert skill to your case, ensuring you feel protected and have a clear path forward.
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Why Choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers
A Winning Record
We have a proven history of successfully defending clients facing an assault charge. Our focus is on having charges withdrawn, securing 'not guilty' verdicts, and protecting you from a criminal conviction.
EXPERT SYDNEY ASSAULT LAWYERS
Our senior lawyers have over 40 years of combined experience dedicated exclusively to criminal law. As an experienced assault lawyer team in Sydney, our deep knowledge of the court system and strategic legal defence gives you a significant advantage.
Free Strategy Session & 24/7 Help
We offer a free, urgent Strategy Session to assess your assault case and outline your options. Our team is available 24/7 because immediate legal advice is vital for building the best possible defence from the start.
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FAQs
What should I do first if I am charged with assault?
Your first step should be to contact an expert criminal lawyer. Do not discuss the allegations with police without legal advice. Daoud Legal: Sydney Criminal Defence & Traffic Lawyers offers a free, urgent strategy session and is available 24/7 to provide immediate guidance and start building your defence.
What is the legal definition of common assault in NSW?
Common assault is an offence under the Crimes Act 1900 (NSW) where a person intentionally or recklessly causes another person to fear immediate and unlawful violence, or makes physical contact with them without their consent. A physical injury is not required for a common assault charge to be laid.
Do I really need a lawyer for a common assault charge?
Yes. Even a common assault charge is a serious criminal offence that can result in a criminal conviction, affecting your employment and future. An experienced assault lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers can navigate the court process, negotiate with the prosecution, and fight to protect your record.
What is assault occasioning actual bodily harm (ABH)?
This is a more serious type of assault where the act results in an injury that interferes with the victim’s health or comfort. This can include injuries like significant scratches and bruises, or even serious and prolonged psychological harm.
What is the difference between ABH and grievous bodily harm (GBH)?
The key difference is the severity of the injury. Grievous bodily harm (GBH) is a “really serious” injury, such as a permanent or serious disfigurement, broken bones, or the transmission of a grievous bodily disease. The penalties for a GBH offence are far more severe than for ABH.
What are the potential penalties for an assault conviction in NSW?
Penalties vary depending on the seriousness of the assault offence. They can range from a non-conviction order like a section 10 dismissal, to fines, community-based orders, and full-time imprisonment. Our experienced criminal lawyers will build a strong case to argue for the most lenient outcome.
Can I go to jail for a first-time assault offence?
Yes, imprisonment is a potential penalty for all assault charges in NSW, even for a first offence. Having an experienced assault lawyer from Daoud Legal: Sydney Criminal Defence & Traffic Lawyers is critical to building a defence aimed at avoiding a prison sentence.
How can I avoid a criminal conviction for assault?
It is possible to avoid a conviction. Our lawyers can negotiate with the prosecution to have the charge withdrawn, or build a strong case to secure a ‘not guilty’ verdict. In some cases, we can persuade the court to grant a non-conviction order, meaning you are found guilty but no conviction is recorded.
What are the most common defences to an assault charge?
There are several legal defences to an assault charge. The most common include self-defence (acting to protect yourself or another), duress (being forced to commit the act), and necessity (acting to prevent a greater harm). We will thoroughly analyse your case to identify the strongest possible defence.
How does a self-defence claim work in an assault case?
To successfully argue self-defence, we must show that you believed your actions were necessary to defend yourself, another person, or your property, and that your response was reasonable in the circumstances as you perceived them. Our lawyers are highly experienced in preparing and arguing this defence.
What does the prosecution have to prove for me to be found guilty?
The prosecution must prove every element of the offence beyond a reasonable doubt. This includes proving that you committed a physical act, that this act was intentional or reckless, that it caused fear or involved non-consensual contact, and that you had no lawful excuse for your actions.
What happens if I plead 'not guilty' to an assault charge?
If you plead ‘not guilty’, your case will proceed to a defended hearing. The prosecution will present their evidence and witnesses, and our lawyers will challenge their case, cross-examine their witnesses, and present your defence. Our goal is to create doubt and secure your acquittal.
What happens if I plead 'guilty' to an assault charge?
If you plead guilty, your case proceeds to sentencing. It is vital that the police ‘fact sheet’ is accurate. Our lawyers can negotiate these facts and will present a powerful and persuasive case to the magistrate on your behalf, arguing for the most lenient sentence possible.
How can an experienced Sydney assault lawyer help my case?
An experienced assault lawyer provides expert legal advice, identifies weaknesses in the prosecution’s case, develops strong defence strategies, negotiates with police, and provides formidable representation in court. This expertise is crucial for achieving the best possible outcome, whether it’s a withdrawn charge or a minimal penalty.
Why should I choose Daoud Legal: Sydney Criminal Defence & Traffic Lawyers?
Our firm is dedicated exclusively to criminal and traffic law. With over 40 years of combined experience, a proven record of success in assault cases, and a commitment to personalised, strategic defence, we provide the authority and expertise needed to protect your rights and your future.
What is an 'aggravated' assault?
While there isn’t a single offence called “aggravated assault,” certain circumstances can make an assault more serious, or ‘aggravated’. These factors, such as the use of a weapon, the assault occurring in company, or the victim being particularly vulnerable, will lead to significantly harsher penalties.
Is there a time limit for police to charge someone with assault?
For less serious ‘summary’ offences like common assault, police generally have six months from the date of the alleged offence to lay a charge, as per the Criminal Procedure Act 1986 (NSW). However, for more serious ‘indictable’ offences like ABH or GBH, there is no time limit.
Will an assault conviction affect my employment or ability to travel?
Yes. A criminal conviction for any type of assault can create a significant barrier to obtaining certain jobs, especially those requiring a criminal record check. It can also make you ineligible to travel to many countries, including the United States and Canada.
What is the difference between assault and affray?
Assault is an offence against a person. Affray is a public order offence where a person uses or threatens unlawful violence in a way that would cause a person of reasonable firmness at the scene to fear for their personal safety. While related, they are distinct legal charges.
How much does it cost to hire an expert assault lawyer?
At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we believe in transparency. We offer a free initial strategy session where we will discuss your case, explain your options, and provide a clear, fixed-fee quote for our services so you know exactly what to expect.
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