Assault Lawyers Sydney
A high rate of success across every type of assault charge, in courts across NSW.
Call now on (02) 9734 7573 for a free consultation with a specialist assault lawyer.
Assault covers a wide range of offences under NSW law, and the seriousness of each one depends heavily on the degree of harm alleged to have been inflicted. At the lower end, common assault requires no injury at all — just an act that makes someone fear immediate violence. At the top end, causing grievous bodily harm with intent can carry a maximum penalty of up to 25 years’ imprisonment. Getting the right lawyer for the specific charge you’re facing matters — the defence strategy for common assault is very different to the defence strategy for a GBH matter.
Below is a guide to the assault charges we handle most often, followed by real results from cases we’ve run.
Types of Assault Charges We Handle
Common Assault
The least serious assault charge — and the one that requires no physical contact at all. Common assault covers any act that intentionally or recklessly causes someone to fear immediate unlawful violence, from a raised fist to a verbal threat. Charged under s61 of the Crimes Act 1900 (NSW), it carries a maximum penalty of 2 years’ imprisonment, though first offenders frequently avoid a conviction entirely.
Assault Occasioning Actual Bodily Harm (AOABH)
One step up from common assault: this charge applies where the assault causes an actual injury — bruising, cuts, swelling, or minor fractures — that’s more than transient or trifling. Charged under s59 of the Crimes Act 1900 (NSW), it carries a maximum penalty of 5 years’ imprisonment.
Assault Police
A charge that applies specifically where the alleged victim is a police officer acting in the execution of their duty. Courts treat assaults on police seriously, and the maximum penalty increases significantly where actual bodily harm or wounding is involved. These matters often turn on whether the officer was acting lawfully at the time.
Reckless Wounding
Applies where a wound — a break in the skin — is inflicted recklessly rather than intentionally. A more serious charge than AOABH, reckless wounding carries a higher maximum penalty, increased further if the offence was committed in company with others.
Recklessly Inflicting Grievous Bodily Harm
“Grievous bodily harm” (GBH) means really serious injury — well beyond the threshold for actual bodily harm. This charge applies where GBH results from reckless conduct, rather than an intention to cause that level of harm. It’s one of the most serious assault charges short of an intentional GBH charge, and carries a substantial maximum term of imprisonment.
Intentionally Causing Grievous Bodily Harm
The most serious charge in this group: wounding or causing GBH with intent to do so, or with intent to resist arrest. This carries the highest maximum penalty of any assault offence on this page — up to 25 years’ imprisonment — and will always require the strongest possible defence.
Attempts to Choke
A specific and serious charge covering choking, strangling or suffocating another person, with significantly higher penalties where it’s done to render the person unconscious in order to commit another offence. These charges are treated very seriously by NSW courts.
Domestic Violence-Related Assault
Any of the charges above can also be classified as a domestic violence offence where the alleged victim is a partner, ex-partner, family member, or someone in a domestic relationship with the accused. This classification affects bail, sentencing, and can trigger an Apprehended Domestic Violence Order (ADVO) alongside the criminal charge itself.
Recent Results
| Charge | Court | Outcome |
|---|---|---|
| Intimidation, assault, damage property | Parramatta Local Court | Section 10 — no conviction, aspiring doctor’s career protected |
| Common assault | Bankstown Local Court | Section 10 following evidence of provocation |
| Common assault (university student) | Bankstown Local Court | Section 10 — client kept clean record |
| Common assault (retail manager) | Blacktown Local Court | Section 10 bond, 12 months |
| Resist/hinder police | Waverley Local Court | Downgraded to fine-only offence, no action on breach |
| Assault police, resist arrest | Downing Centre Local Court | Section 10(1)(b) bond, 2 years |
| Stalk/intimidate | Fairfield Local Court | Charge dismissed, Section 10(1)(a) |
| Resist/hinder + assault police | — | Good Behaviour Bond, 18 months, no conviction |
| Common assault (neighbour dispute) | Liverpool Local Court | Section 10 bond, 18 months |
| Common assault — District Court appeal | Penrith District Court | Custodial sentence overturned on appeal, Section 10 bond, 12 months |
| Common assault — facts disputed | Penrith Local Court | Section 10(1)(b) bond following successful facts negotiation |
| AOABH, common assault, intimidation (domestic) | Parramatta Local Court | Charges narrowed to common assault, Section 10 bond |
| Common assault (domestic incident) | Liverpool Local Court | Section 10(1)(a) — no conviction, no penalty |
| AOABH + related charges — defended trial | — | Not guilty on 3 of 4 charges after 4-day jury trial |
| Assault (biting a law enforcement officer) | — | Non-conviction, 12-month probationary bond |
Assault Charges FAQ
Q: What’s the difference between common assault and assault occasioning actual bodily harm? A: Common assault requires no physical injury at all — just an act or threat that causes someone to fear immediate violence. AOABH requires an actual injury, even a minor one like bruising or a cut. That difference changes the maximum penalty from 2 years to 5 years’ imprisonment.
Q: Can I get a criminal record for common assault if it’s my first offence? A: Not necessarily. First-time offenders charged with common assault frequently receive a Section 10 — meaning no conviction is recorded — where the circumstances support it. Our case results above include several examples of this outcome.
Q: What counts as “grievous bodily harm”? A: Grievous bodily harm means really serious injury — well beyond the bruising or minor cuts that satisfy actual bodily harm. It doesn’t need to be permanent, but it’s a significantly higher threshold, and the charges that apply to it carry much longer maximum sentences.
Q: I’m charged with assaulting a police officer — is that treated more seriously? A: Yes. Courts generally treat assaults on police more seriously than assaults between members of the public, and the maximum penalty increases further if actual bodily harm or wounding is involved. These matters often turn on whether the officer was lawfully carrying out their duty at the time — worth discussing with a lawyer before you decide how to plead.
Q: Will an assault charge affect my AVO or family law matter? A: It can. Where the alleged victim is a partner, family member, or someone you’re in a domestic relationship with, the assault charge may be classified as domestic violence-related, which can trigger an ADVO and affect Family Court proceedings. See our domestic violence page for more detail.
Q: Should I plead guilty or fight an assault charge? A: It depends on the strength of the evidence and whether a defence like self-defence, duress, or a factual dispute is available. Our case results above include both — clients who fought charges to a not-guilty verdict, and clients who pleaded guilty and achieved a Section 10 through strong mitigation. The right approach depends entirely on your circumstances.
