Common Assault

Common Assault Charge

Have you been charged with an offence concerning common assault?

Section 335 of the Criminal Code Act 1899 provides that any person, who unlawfully assaults another, is guilty of a misdemeanour. If no greater punishment is provided, they are liable to imprisonment for three years. This offence can be distinguished from an offence of assault occasioning bodily harm, which carries a liability of imprisonment for seven years. The distinction is that “bodily harm” occurred and therefore it is regarded as a more serious offence.

As this assault do not need to satisfy the element concerning bodily harm, it is an assault which is regarded as one of the least serious assaults. Considering the nature of the offence and its maximum penalty of three years, it is likely to be the subject of summary proceedings. This means if you have been charged with or your charge has been downgraded to common assault, then you will be dealt with in the Magistrates Court.

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Common Assault, Ipswich, Southport, Beenleigh, Aegis, Brisbane Criminal Lawyers

Defending against Common Assault

An assault resulting in a common assault charge may be unlawful, 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
Removing disorderly persons
Defence against trespassers
Defence against repetition of insult

If you have been recently charged with a common assault, it may be important to discuss with your lawyer the options that are available to you. Options that you may have available to you may include Adult Restorative Justice Conferencing, which would allow the matter to be mediated. In assessing whether this option is available to you, the nature and seriousness of the charge should be considered; this often includes the relationship between the person charged and the complainant. If appropriate and the matter is resolved through mediation, a trial and/or sentence would not be required.

Complimentary Case Assessment

If you have been charged with an assault, no matter how serious, it can be particularly stressful as there are often concerns about the consequence of any penalty imposed. Depending on the type of penalty imposed, there may be ramifications for a person’s career, reputation, and livelihood.

We recognise the stresses and concerns associated with any criminal charge. To address this, we provide a complimentary case assessment at Aegis Criminal Law. The purpose of this is to identify the concerns and develop a strategy to obtain the best available outcome. As each assault charge is unique, the complimentary case assessment also allows our firm to provide tailored advice and recommendations.

If you have been charged with an offence, we are available to discuss your matter and address any immediate concerns. To ensure the right legal advice is received, all our complimentary case assessments are with a criminal lawyer. To organise this, send us a message or call (07) 3709 7610.

Common Assault Charge

Defending against Common Assault

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