Common Assault

Our expert criminal lawyers for common assault offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Common Assault 

Common assault is one of the most frequently charged offences our criminal lawyers defend, often arising from fights, arguments, or domestic incidents. Many people are charged on exaggerated allegations or incomplete police investigations. 

Our criminal defence lawyers are highly experiences in having common assault charges withdrawn, dismissed, or downgraded. 

Pleading not guilty

If you plead not guilty, the prosecution must prove heyond reasonable doubt that you committed an assault. An assault includes: 

• The intentional or reckless application of force to another person, or
• Any act that causes another person to fear immediate and unlawful violence, including through words. 

Not all physical contact amounts to assault. Everyday contact is often excluded due to implied consent or conduct that is generally acceptable in daily life. If the prosecution cannot prove the offence beyond a reasonable doubt, you must be found not guilty. 

You can read more information about pleading not guilty here.

Common defences include: 

• Self-defence, you acted to protect yourself or another person.
• Duress, you were forced to act due to threats.
• Necessity, your actions were needed to avoid serious harm.
• Identification, you were not the offender.

Self-defence is one of the most commonly successful defences.

Pleading guilty to Common assault

If you plead guilty, our focus is on securing the best possible outcome and avoiding a criminal record wherever possible. We negotiate with the police to reduce the charge or negotiate the agreed facts. 

The maximum penalty for common assault is 2 years’ imprisonment. However, many matters are dealt with through conditional release orders, without conviction, fines, or community-based orders. 

With proper legal representation, it is often possible to avoid both jail and a conviction. 

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your common assault charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case studies 

Not guilty – lack of intent

Our lawyer represented a father charged with striking his daughter in the eye. The police charged him after the daughter told a teacher her father had hit her when quizzed about a small red mark under her eye. The Accused man gave an interview to the offence where he admitted causing the injury but denied doing so intentionally. He said he was just trying to remove the crying child’s hands from over her eyes. Our solicitor argued the assault was not intentional and nor was it reckless because the father would never have touched his daughter if he foresaw there being any risk it would cause her injury. The Magistrate agreed and found him not guilty.

No conviction – facts amended

Our lawyer represented a man charged with pushing a bartender over at a pub. Criminal lawyer Deng Adut had the facts heavily amended prior to the first court appearance based on his viewing of CCTV. The amendments changed the facts from a premeditated assault to an impulsive one. The Magistrate agreed the assault was at the lowest end and he recorded no conviction.

Not guilty – unlawfully obtained evidence excluded

Our lawyer represented a man charged with common assault against his wife. The police had illegally interviewed the man. He had made admissions to the offence in circumstances where his wife had later retracted her statement. Mr Mercael argued the interview should not be admitted into evidence because it was illegally obtained. The magistrate excluded the interview, and as a result, Mr Mercael’s client was found not guilty.

No conviction – contextual factors

Our lawyer represented a husband charged with pushing his wife and smashing her phone. The Magistrate accepted the submissions of criminal lawyer Joe Correy that the common assault occurred in the context of considerable matrimonial and other stresses. The Magistrate did not record a conviction.

No conviction – future impact

Our lawyer represented a man charged with common assault. The man was a young security guard hoping to study nursing. Mr Harb argued his current and future careers would be in jeopardy if his client was convicted. The magistrate accepted this, and no conviction was recorded.

Not guilty – self-defence

Our lawyer represented a client who was charged after a fight with a security guard. A defence of self-defence was mounted and using testimony, CCTV footage and rigorous cross examination. Mr Harb convinced the Magistrate to find his client not guilty on the basis of self-defence.

This information is intended as a general guide to law only.  It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy.