WHAT TO EXPECT WHEN FACING ASSAULT CHARGES IN SYDNEY, NSW

on June 23, 2025

Facing assault charges in Sydney, NSW, can be an overwhelming and distressing experience, with significant legal, personal, and professional consequences. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we understand the gravity of these charges and the importance of expert legal representation. Our team of experienced Criminal Defence lawyers in Sydney specialises in criminal law and traffic law, providing tailored advice and robust defence strategies to protect your rights and achieve the best possible outcome.

This comprehensive guide outlines what to expect when facing assault charges in Sydney, NSW, covering the legal process, potential penalties, and steps to take to safeguard your future.

Written to reflect the most current laws in NSW as of June 21, 2025, this article is designed to inform and engage readers while adhering to solicitor rules and ethical standards. For personalised legal support, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

Understanding Assault Charges in NSW

In New South Wales, assault charges are governed by the Crimes Act 1900 (NSW), which outlines various offences depending on the severity and circumstances of the incident. Assault charges range from minor offences, such as common assault, to serious crimes, such as assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH). Each charge carries specific penalties, which may include fines, imprisonment, or non-conviction orders, depending on the facts of the case and your criminal history.

Common Types of Assault Charges

  1. Common Assault (Section 61, Crimes Act 1900):
    1. Involves the use or threat of unlawful physical force without causing significant injury (e.g., pushing, slapping, or threatening to strike).
    1. Maximum penalty: 2 years imprisonment and/or a $5,500 fine.
    1. Often dealt with in the Local Court.
  2. Assault Occasioning Actual Bodily Harm (Section 59, Crimes Act 1900):
    1. Involves an assault causing injuries such as bruises, cuts, or scratches.
    1. Maximum penalty: 5 years imprisonment (7 years if committed in company).
    1. Can be heard in the Local or District Court, depending on severity.
  3. Grievous Bodily Harm or Wounding (Sections 33, 35, Crimes Act 1900):
    1. Involves serious injuries, such as broken bones, permanent disfigurement, or wounds requiring medical intervention.
    1. Maximum penalty: 7 years imprisonment for reckless GBH, up to 25 years for intentional GBH with intent to murder.
    1. Typically heard in the District or Supreme Court.
  4. Assault Police Officer (Section 60, Crimes Act 1900):
    1. Involves assaulting a police officer during their duties, with or without injury.
    1. Maximum penalty: 5–7 years imprisonment, depending on the circumstances.
  5. Domestic Violence-Related Assault:
    1. Assaults occurring in a domestic context (e.g., between partners or family members) may attract additional conditions, such as Apprehended Violence Orders (AVOs), and are treated with particular seriousness by courts.

How Assault Charges Arise

Assault charges can stem from various situations, such as bar fights, domestic disputes, road rage incidents, or confrontations in public. Police may lay charges based on:

  • Witness statements or victim complaints.
  • Physical evidence, such as injuries or CCTV footage.
  • Your statements during arrest or interviews.

Given the serious consequences of a conviction, understanding the legal process and seeking expert advice from Criminal Defence Sydney lawyers like those at Nicopoulos Sabbagh Lawyers is critical.

The Legal Process for Assault Charges

Facing assault charges involves navigating a complex legal process, from arrest to court proceedings. Below, we outline the key stages to help you understand what to expect.

1. Arrest and Bail

If police believe you have committed an assault, they may:

  • Arrest you and take you to a police station for questioning.
  • Issue a Court Attendance Notice (CAN) requiring you to appear in court.
  • Grant police bail or refuse bail, depending on the severity of the offence, your criminal history, and the risk to the community.

Bail Considerations: Under the Bail Act 2013 (NSW), police and courts assess factors such as the likelihood of reoffending, the seriousness of the offence, and your ties to the community. For serious assaults (e.g., GBH), bail may be refused unless you can show cause why detention is not justified. Our Sydney Criminal Defence lawyers can prepare a strong bail application, highlighting mitigating factors and proposing conditions like reporting or AVOs.

2. Police Investigation

After an arrest, police will gather evidence, including:

  • Statements from the alleged victim, witnesses, or bystanders.
  • Physical evidence, such as medical reports, photographs of injuries, or forensic evidence.
  • Your statements, if you choose to participate in a police interview.

Important Note: You have the right to remain silent during police questioning, except for providing basic identification details. Speaking without legal advice can harm your case, as statements may be used against you in court. Contact Nicopoulos Sabbagh Lawyers immediately to ensure your rights are protected.

3. Court Appearance

Assault charges are typically heard in the Local Court for less serious offences or the District Court for indictable offences like GBH. The process includes:

  • Mention: Your first court appearance, where you enter a plea (guilty or not guilty). Our lawyers can request an adjournment to prepare your case.
  • Plea Negotiation: For guilty pleas, we can negotiate with prosecutors to reduce charges (e.g., from ABH to common assault) or seek to amend the police fact sheet for accuracy.
  • Hearing or Sentencing: If you plead not guilty, a hearing is scheduled to determine guilt. If you plead guilty or are found guilty, the court proceeds to sentencing.

4. Sentencing Outcomes

If convicted, the court may impose:

  • Fines: Up to $5,500 for common assault.
  • Imprisonment: Ranging from 2 years for common assault to 25 years for intentional GBH.
  • Non-Conviction Orders: Under section 10(1)(a) or section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999, the court may dismiss the charge or impose a Conditional Release Order (CRO) without recording a conviction.
  • Community Correction Orders (CCOs): Involving community service or supervision.
  • Good Behaviour Bonds: Requiring compliance with conditions for a set period.

5. Appeals

If you receive an unfavourable outcome, you can appeal:

  • Conviction Appeals: To challenge a finding of guilt, typically heard in the District Court.
  • Severity Appeals: To reduce the penalty imposed, also heard in the District Court.
  • Appeals must be lodged within 28 days of the decision, or 3 months with special leave.

Potential Penalties and Consequences

The penalties for assault charges depend on the offence’s severity, your criminal history, and mitigating factors. Beyond legal penalties, a conviction can have broader consequences:

Legal Penalties

  • Fines and Imprisonment: As outlined above, penalties range from fines to lengthy prison terms for serious assaults.
  • Criminal Record: A conviction remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991. Spent convictions may still appear in specific checks, such as for police or security roles.
  • AVOs: In domestic violence cases, the court may issue an Apprehended Domestic Violence Order (ADVO), restricting contact with the complainant.

Broader Consequences

  • Employment: A criminal record can impact roles requiring police checks, such as teaching, healthcare, or government positions.
  • Travel: Countries like the United States and Canada may deny entry to individuals with assault convictions.
  • Reputation: A conviction can affect personal and professional relationships, particularly in high-profile or domestic violence cases.
  • Licensing: Convictions may affect professional licences (e.g., security or firearms licences) or driving privileges if the assault involved a vehicle.

Defences to Assault Charges

Several defences may be available to challenge assault charges, depending on the circumstances. Our Sydney Criminal Defence Lawyers at Nicopoulos Sabbagh Lawyers can assess your case to identify the strongest defence strategy. Common defences include:

  1. Self-Defence:
    1. You acted to protect yourself, another person, or property from imminent harm.
    1. The force used must be reasonable and proportionate to the threat.
    1. Example: Pushing someone away to prevent an attack.
  2. Duress:
    1. You were coerced or threatened into committing the assault.
    1. Example: Acting under a threat of violence from a third party.
  3. Necessity:
    1. You committed the assault to prevent a greater harm.
    1. Example: Restraining someone to prevent them from harming others.
  4. Lack of Intent:
    1. The act was accidental or unintentional.
    1. Example: Bumping into someone in a crowded space without intent to harm.
  5. Factual Disputes:
    1. Challenging the prosecution’s evidence, such as witness credibility, CCTV footage, or police procedures.
    1. Example: Disputing the accuracy of the alleged victim’s account.

Our lawyers will thoroughly review the police fact sheet, witness statements, and other evidence to build a robust defence tailored to your case.

Steps to Take After Being Charged with Assault

To protect your rights and achieve the best possible outcome, take the following steps immediately after being charged:

  1. Contact a Lawyer:
    1. Engage Nicopoulos Sabbagh Lawyers to provide expert advice and representation. We can review the evidence, advise on pleas, and prepare your defence. Call 0427 101 499 or email info@nslaw.net.au.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice, as they may be used against you. Politely decline to answer questions beyond providing identification details.
  3. Gather Evidence:
    1. Collect any evidence that supports your case, such as witness contact details, photographs, or text messages. Provide these to your lawyer for analysis.
  4. Prepare for Court:
    1. Work with your lawyer to gather character references, complete rehabilitation programs (e.g., anger management courses), or enrol in counselling to demonstrate remorse and mitigate penalties.
  5. Understand Bail Conditions:
    1. Comply with any bail conditions, such as reporting or AVOs, to avoid further charges. Our lawyers can seek variations to restrictive conditions if necessary.
  6. Consider Plea Options:
    1. Discuss whether to plead guilty or not guilty with your lawyer. A guilty plea may lead to a reduced penalty, while a not guilty plea allows you to challenge the charge in court.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are committed to delivering exceptional legal representation for assault charges and other criminal matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: We focus exclusively on criminal law and traffic law, ensuring in-depth knowledge of the Crimes Act 1900 and related legislation.
  • Proven Results: We have secured section 10 dismissals, CROs, and reduced penalties for clients across Sydney, including in Parramatta, Liverpool, and Campbelltown courts.
  • Ethical Representation: We adhere to all solicitor rules and ethical standards, providing transparent and reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free initial consultation.

Don’t let assault charges jeopardise your future. Our Sydney criminal lawyers will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Facing assault charges in Sydney, NSW, is a serious matter with significant legal and personal consequences. By understanding the legal process, potential penalties, and available defences, you can take proactive steps to protect your rights. At Nicopoulos Sabbagh Lawyers, our experienced criminal Defence lawyers in Sydney and Sydney traffic law specialists are dedicated to guiding you through every stage of your case, from arrest to court proceedings.

Don’t navigate this challenging time alone. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers today at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a consultation. Let us help you achieve the best possible result for your assault charges.

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GOING TO COURT?

It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.

Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact your Sydney Lawyers, Nicopoulos Sabbagh Lawyers.

*This article correctly reflects the Laws of NSW as of 21st June 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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