Assault Charges

Dealing with assault charges? What you do next can make a significant difference to the outcome of your matter. There are usually two considerations when assessing this charge. The first consideration is the nature of the assault and the force which was applied by the person charged to the other person. The second consideration is whether the assault was lawful as it may be justified or excused by law. These two considerations will assist your criminal lawyer in determining whether the charge is valid and if any defence applies to your case.

An offence of this kind, no matter how seemingly minor, can be incredibly stressful on a person’s well being. Our goal at Aegis Law Group is to achieve the best possible outcome in the circumstances. A less serious charge such as common assault may look at pursuing alternative resolution outside of the Magistrates Court or seeking an outcome that involves no conviction being recorded. We understand that each matter is unique and we are prepared to tailor advice to your charge.

Different Types of Assault Charges

In a general sense, a person who strikes, touches, or otherwise applies force of any kind to another person, directly or indirectly, may be liable for having assaulted that person. Section 245(1) of the Criminal Code Act 1899 provides a full definition. The correlating charge will depend on the nature of the force that had allegedly been applied to the complainant. Accordingly, one of the first things you may be required to tell your lawyer is what type of assault offence you have been charged with. You may know this from what the arresting office has told you or what it says on your Notice to Appear. This may be one of the following charges:

• Common Assault
• Assault Occasioning Bodily Harm
• Serious Assault
• Sexual Assault
• Obstruct or Assault Police Officer
• Grievous Bodily Harm

An assault is unlawful and will constitute an offence, unless it is excused, justified, or excused by law. Careful consideration is required when assessing a possible defence. A common theme in most defences against an assault charge is that the force applied must be reasonable and proportional, anything in excess of that may not be lawful. In relation to an assault charge, possible defences to consider may include, but are not limited to:

• Self defence
• Provocation
• Necessity
• Duress
• Defence Against Trespassers
• Defence Against Repetition of Insult