Common assault is the offence that our criminal lawyers most often fight following a fight or domestic violence incident. People are frequently charged with this offence based on grossly exaggerated versions of what occurred or outright lies. Sadly, the person making the allegation is sometimes a family member. This can lead to immeasurable stress and Apprehended Violence Orders that prevent fathers, mothers and children living together. We also frequently see people acting in self-defence being charged with common assault because the police have failed to properly investigate what has happened.
Ways our criminal lawyers can beat charges of Common assault 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 and also having no conviction recorded for Common assault.
How do I beat a charge of Common assault?
You will be found not guilty of the offence of Common Assault if the police cannot prove beyond reasonable doubt you assaulted the victim.
An assault is the intentional or reckless application of force to the person of another. It is also any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence, including words.
Physical contact which is an inevitable part of everyday life does not amount to an assault. This is either because of implied consent or because there is an exception to assault embracing all physical contact which is generally acceptable as part in the conduct of daily life.
Defences available include: self-defence.
Pleading guilty to Common assault
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 Common assault is two years imprisonment. Although, these penalties are typically reserved for the worst offenders.
If you intend to plead guilty, we have a proven track record of keeping our clients out of jail and also having no conviction recorded for Assault occasioning actual bodily harm.
You can read about all the sentencing options that a court has, including having no conviction recorded for Common assault.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read more about how to write a good reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Common assault offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail.
Criminal lawyer Joe Correy represented a father charged with striking his daughter in the eye. The police charged him after the daughter told a teacher her father had hit her when quizzed about a small red mark under her eye. The Accused man gave an interview to the offence where he admitted causing the injury but denied doing so intentionally. He said he was just trying to remove the crying child’s hands from over her eyes. Our solicitor argued the assault was not intentional and nor was it reckless because the father would never have touched his daughter if he foresaw there being any risk it would cause her injury. The Magistrate agreed and found him not guilty.
Australian Criminal Law Group represented a man charged with pushing a bartender over at a pub. Criminal lawyer Deng Adut had the facts heavily amended prior to the first court appearance based on his viewing of CCTV. The amendments changed the facts from a premeditated assault to an impulsive one. The Magistrate agreed the assault was at the lowest end and he recorded no conviction.
Mr Mercael represented a man charged with common assault against his wife. The police had illegally interviewed the man. He had made admissions to the offence in circumstances where his wife had later retracted her statement. Mr Mercael argued the interview should not be admitted into evidence because it was illegally obtained. The magistrate excluded the interview, and as a result, Mr Mercael’s client was found not guilty.
Australian Criminal Law Group represented a husband charged with pushing his wife and smashing her phone. The Magistrate accepted the submissions of criminal lawyer Joe Correy that the common assault occurred in the context of considerable matrimonial and other stresses. The Magistrate did not record a conviction.
Mr Harb represented a man charged with common assault. The man was a young security guard hoping to study nursing. Mr Harb argued his current and future careers would be in jeopardy if his client was convicted. The magistrate accepted this, and no conviction was recorded.
Mr Harb represented a client who was charged after a fight with a security guard. A defence of self-defence was mounted and using testimony, CCTV footage and rigorous cross examination. Mr Harb convinced the Magistrate to find his client not guilty on the basis of self-defence.