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Assault

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Our criminal lawyers handle a wide range of cases, which include affray matters, traffic offences, drink driving, drug-related charges, theft, fraud, assault, and even serious offences like murder.

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Legal matters don’t always happen during business hours. Our team is available 24/7 to provide legal advice, with an initial consultation offered at no cost.

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With a former police officer and senior prosecutor leading our criminal law team, we have a deep understanding of court processes, allowing us to develop strong defence strategies suited to each case.

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Our lawyers have extensive courtroom experience, so we handle most summary offences without the need for a barrister. This keeps costs reasonable while maintaining effective legal representation.

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An assault charge can lead to serious legal consequences, including a criminal record and possible imprisonment. Acting quickly and getting legal advice can make a difference in how your case unfolds. At Kells, our Fairfield assault lawyers are available 24/7 to provide legal advice, represent your interests, and build a solid defence for your case.

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How We Can Assist in Assault Cases

Being accused of assault can have significant legal repercussions, including the potential for imprisonment. The strength of your defence and the legal team representing you can greatly influence the result of your case.

At Kells, our Fairfield assault lawyers have extensive experience defending clients against assault charges. We take a calculated and aggressive approach, assessing every aspect of the case to challenge the prosecution’s claims. Get in touch today to discuss your legal options and develop a defence strategy that’s built to protect your rights.

What do I do if I am charged with assault?

Assault charges range from minor offences to serious violent crimes. The type of charge you face will determine the potential penalties, which can include prison time. Common assault-related charges include:

  • Common Assault

    An individual can be charged with common assault even if no injury occurs. This can include unwanted physical contact, a punch that does not cause harm, or spitting on someone. Even verbal threats, without physical contact, may be considered common assault. The maximum penalty is 2 years in prison, though aggravating circumstances, such as assaulting a police officer, can result in more severe consequences.

  • Assault Occasioning Actual Bodily Harm

    This charge applies when an assault results in physical injury. While the law does not strictly define "actual bodily harm," it typically includes bruising, scratches, or minor psychological trauma. The maximum penalty is 5 years in prison, increasing to 7 years if the offence was committed with others. The prosecution does not need to prove intent—only that the assault caused harm and that the accused was responsible.

  • Reckless Wounding

    Wounding refers to any injury that breaks the skin, whether or not a weapon was involved. The seriousness of the charge depends on the severity of the injury and the circumstances, such as multiple strikes or the environment in which the incident took place. The maximum penalty for reckless wounding is 7 years in prison, increasing to 10 years if the offence was committed with others.

  • Reckless Grievous Bodily Harm

    What is grievous bodily harm?

    Grievous bodily harm (GBH) refers to serious injuries or permanent disfigurement. The law does not provide a strict definition of which injuries qualify, but a person can be charged even if the victim eventually recovers. It is up to the court to determine whether an injury meets the threshold for GBH. The maximum penalty for this offence is 10 years in prison, increasing to 14 years if committed with others.


    What constitutes recklessness?

    Recklessness means that the offender was aware that their actions could cause harm but proceeded regardless. The prosecution must show that the accused understood the potential consequences of their conduct. For example, if someone throws a punch knowing it could break the victim’s nose, they are considered reckless about the harm caused, meeting the legal standard for this offence.

  • Intent to Cause Grievous Bodily Harm

    This offence is similar to reckless GBH but requires intent to cause serious harm. The accused must have deliberately intended to inflict severe injury. The maximum penalty is 25 years in prison.

  • Assault of a Police Officer in the Line of Duty

    Assaulting a police officer is considered a serious offence, with courts focusing on deterrence. The maximum penalty is 5 years in prison. Additional offences related to police assault include:

    • Assault, throw missile at, stalk, harass or intimidate – maximum penalty is 5 years imprisonment
    • Assault occasioning actual bodily harm – maximum penalty is 7 years
    • Wound or inflict grievous bodily harm – maximum penalty is 12 years.

  • Assault Causing Death - ‘One Punch Legislation’

    This offence was introduced to address fatal one-punch assaults. It carries a mandatory minimum sentence of 8 years, with a maximum of 20 years, or 25 years if the offender was intoxicated at the time.


    To be convicted, the prosecution must prove that the assault involved a deliberate, unlawful strike that caused the victim’s death. While similar to manslaughter, this offence comes with harsher penalties.

  • Attempt to Choke

    Attempt to Choke

    Choking, suffocating, or strangling another person is a serious criminal offence, carrying a maximum penalty of 25 years in prison.

  • Administering an Intoxicating Substance

    This offence typically involves drink spiking but extends to administering alcohol, drugs, or any mind-altering substance with the intent to commit an indictable offence. If the substance is capable of causing harm, the penalty increases. The maximum sentence for this offence is 25 years imprisonment.

Other factors to consider

  • Factors Courts Consider in Assault Cases

    When evaluating the gravity of a personal violence offence, the court will consider the following elements:

    • Extent and Nature of the Victim’s Injuries: The seriousness of the victim’s injuries is key in assessing the offence's severity and determining the appropriate sentence. Generally, more serious injuries result in a more severe offence and a harsher penalty.
    • Degree of Violence Inflicted by the Offender: The level of violence used by the offender will influence the sentencing decision. More violent attacks typically incur more severe penalties.
    • Intention/Mental Element: This consideration is typically governed by the legislation that defines the offence.

  • Aggravating Factors

    Some circumstances can escalate an assault charge, leading to harsher penalties. These factors are commonly considered in personal violence offences and can heavily influence sentencing. When present, they increase the likelihood of stricter punishments being imposed by the court. Examples include:


    • Weapons – actual use or threatened use in the commission of the assault. This includes weapons such as knives, firearms, syringes, glasses or broken bottles
    • Premeditation – Where premeditation or planning is a factor, the court will look to the degree of premeditation when determining the seriousness of the offence committed
    • Unprovoked offence – Where the attack is unprovoked and unjustified
    • Offence committed in company – Where the offence is committed in the company of others
    • Vulnerable victim – Where the victim is vulnerable (for example, due to age, disability or occupation i.e. a service station attendant or bus driver or security officer)
    • Commission of offence in victim’s home – for example during a robbery or where the accused has entered the property of the victim and then assaulted them
    • Gratuitous cruelty – This is where the offence goes beyond just being violent in nature, it includes situations where the offender has gone beyond having no justification for causing pain. An example of gratuitous cruelty is found where the offender tortured the victim or the offender punches or kicks a pregnant woman in the stomach, causing a miscarriage. Another example of gratuitous cruelty was where a victim (who was 3) suffered 57 injuries including internal injuries and dehydration as well as bite marks
    • Substantial harm – Where the injury, emotional harm, loss or damage caused by the offence was substantial, for example where the victim has suffered ongoing medical problems and not been able to work as a result of the assault
    • Intoxication – Intoxication can be a result of either alcohol or drugs.

  • Mitigating Factors

    While some factors can increase the severity of an offence and result in a harsher sentence, others can reduce its seriousness. These mitigating factors may influence the court to impose a lesser penalty. Examples include:


    • Injury or harm not being substantial – for example if the victim’s wounds are healed or were not substantial in the first place
    • Provocation – where the offender was provoked by the victim into committing the offence
    • Sexual assault
    • Indecent assault
    • Drug possession and supply
    • Fraud charges
    • Money laundering
    • ASIC offences
    • Insider trading
    • Theft charges
    • Shoplifting
    • Firearms offences
    • Land and Environment Court prosecutions
    • Local Council prosecutions
    • Local Court, District Court and Supreme Court trials including homicide charges.

A conviction for assault can follow you for years, affecting multiple aspects of your life. Taking immediate action is critical. Led by former police officer and prosecutor Patrick Schmidt, our team is available around the clock to provide legal assistance. Call Patrick today at 0452 502 041 for confidential legal advice and a strong defence strategy.

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