Common Assault

There are a few different types of assault:

• Common Assault
• Assault Occasioning Actual Bodily Harm
• Wound or grievous bodily harm with intent
• Reckless grievous bodily harm or wounding

In New South Wales, common assault is considered the least serious assault. Its maximum penalty is 2 years imprisonment. There are a number of penalties available to the court besides a full time gaol imprisonment when considering penalty. The difference with common assault and other assaults is that the injury generally is not too serious.

Examples of common assault can be:

• Raising your fist of threatening someone (no physical contact is required for an assault to occur)
• Physically striking someone without causing actual bodily harm

You should consider whether there are any available defences available to you when charged with this offence, such as:

• Self defence/defending another person or property
• A case of mistaken identity
• Necessity
• Consent from the complainant/victim
• Complete lack of intention

The ramifications of an assault conviction can be serious. Call us today for a free appraisal of your case.