Assault occasioning actual bodily harm is one of the most common offences that our criminal lawyers fight. This is where a person has suffered an injury following a fight or domestic violence incident.
Unfortunately, police frequently charge people with Assault occasioning actual bodily harm when they have acted in self-defence, but their attacker has come off worse. We have also recently seen increased incidences of spouses making up allegations and self-harming to compel the police to press charges against the partner. This can lead to immeasurable stress and Apprehended Violence Orders that prevent fathers, mothers, and children from living together.
Ways that our criminal lawyers can beat charges of Assault occasioning actual bodily harm for our clients include by raising self-defence.
If you intend to plead guilty our criminal lawyers have a proven track record of keeping our clients out of jail as well as having no conviction recorded for Assault occasioning actual bodily harm.
How do I beat a charge of Assault occasioning actual bodily harm?
If you are charged with Assault occasioning actual bodily harm, we can help you. You’ll be found not guilty of Assault occasioning actual bodily harm if the police are unable to prove beyond reasonable doubt that you:
- Assaulted a person; and
- Because of that assault, the person suffered actual bodily harm.
An assault can be reckless or intentional. Recklessness in terms of assault is established where you foresee the likelihood of inflicting injury or fear and ignore the risk.
An injury will be actual bodily harm if it is not permanent but greater than merely transient and trifling. Scratches have held to be actual bodily harm and fractures of bones have been too.
Defences available include: self-defence.
Pleading guilty to Assault occasioning actual bodily harm
If you committed the offence and the police can prove so, we want to get you a better result than anyone else. We often negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge, so you get a lighter sentence.
The maximum penalty for Assault occasioning actual bodily harm is five years imprisonment in the District Court or two years imprisonment in the Local Court. Although, these penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including having no conviction recorded for Assault occasioning actual bodily harm.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Assault occasioning actual bodily harm offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Australian Criminal Law Group represented a client charged with assault occasioning actual bodily harm against his girlfriend. The girlfriend failed to report the allegation to the police for more than 24 hours. Criminal lawyer Joe Correy called alibi evidence from the father of the client who said his son had been at home with him at the time of the alleged assault. Joe pointed out the injury could have occurred any time in the 24 hours that passed since the client and girlfriend were together. The Magistrate found our client not guilty.
Mr Mercael represented a woman who had been subject to a horrendous and traumatising career assisting police and the armed forces. She dealt with death and violence as a normal part of day to day life. She was charged with assault occasioning actual bodily harm when she “glassed” a person while drinking at a pub. Mr Mercael was able to prove that his client was not of a sound mind at the time of offending and due to her significant trauma and exposure. He asserted she should be dealt with by way of a Section 32. The magistrate agreed, and not only did his client avoid prison, she also didn’t receive a conviction.
Australian Criminal law Group represented a father charged with assault occasioning actual bodily harm after striking his son more than 60 times with a stick, causing bruising all over his body. After hearing criminal lawyer Joe Correy made submissions on the unique circumstances of the family the magistrate did not record a conviction.
Australian Criminal Law Group represented a client charged with assault occasioning actual bodily harm after punching a security guard and giving him a black eye. After hearing submissions from criminal lawyer Deng Adut about the mental health issues of our client and his efforts to address them, the court did not record a conviction.
Criminal lawyer Joe Correy appeared for a client who the police were alleging had committed an unprovoked and violent attack on his father-in-law. The client said that the father-in-law had attacked his heavily pregnant wife. The wife gave a statement to the police supporting our client. We subpoenaed a Triple 0 call made by his wife and obtained photos of her and his injuries. After two days of cross-examination the Magistrate found the father-in-law was an unreliable witness. Our client was found not guilty because of self-defence.
Mr Mercael represented a mother of three who was charged with Assault occasioning actual bodily harm for disciplining her children. A gross overstating of the facts made it almost guaranteed that her children were going to be living without their mother. And that she, a nurse, would be marred by a conviction forever. After a relentless negotiation with the prosecution over some weeks, a Section 10 no conviction was granted.