Criminal Law

Facing Assault Charges in Australia? Here’s What You Need to Know – Expert Legal Advice from Bansal Lawyers

If you’ve been charged with assault in Australia, it’s crucial to seek professional legal help immediately. An assault charge is a serious criminal offence that can have lasting consequences, including a criminal record, difficulty securing employment, restrictions on travel, and a potential denial of visas to certain countries, including the United States.

At Bansal Lawyers, our expert criminal lawyers are here to provide you with the best legal representation and guidance throughout the process. Whether you’ve been charged with common assault, assault occasioning actual bodily harm (ABH), or more serious offences like grievous bodily harm (GBH), we offer a free initial consultation to discuss your case.

Your Rights and the Prosecution’s Burden of Proof

In Australia, the legal system upholds the principle of innocent until proven guilty. The prosecution is responsible for proving the charges against you beyond a reasonable doubt, meaning they must provide clear and convincing evidence that supports all elements of the offence.

Types of Assault Charges in Australia

• Common Assault: Physical contact without consent, typically without causing bodily harm.
• Assault Occasioning Actual Bodily Harm (ABH): Causes injury to another person.
• Assault Occasioning Grievous Bodily Harm (GBH): Involves serious or life-threatening injuries.

In some instances, multiple charges may be filed for the same incident in order to secure a conviction for at least one offence.

Where Will Your Assault Case Be Heard?

The court where your assault case is heard depends on the severity of the charge and the laws in the state or territory where the offence occurred. Minor assault charges are typically dealt with in Magistrates Courts or Local Courts, while more serious cases, such as ABH or GBH, may be heard in higher courts like District, County, or Supreme Courts.

Factors Affecting the Seriousness of Your Assault Charges

• Extent of injuries caused to the victim
• Use of a weapon or threat of violence
• Location of the offence (e.g., in the presence of children or at the victim’s home)
• The victim's role (such as a police officer or emergency worker)
• Your criminal history and whether the offence was premeditated or impulsive

Penalties for Assault Offences in Australia

• Common Assault: Up to 2 years’ imprisonment.
• Assault Occasioning Actual Bodily Harm (ABH): Up to 5 years’ imprisonment, or 7 years if committed with others.
• Grievous Bodily Harm (GBH): Up to 25 years’ imprisonment, depending on intent and whether the offence was committed with recklessness or deliberate harm.

Disclaimer: This content is intended to provide general information about assault charges in Australia and is not a substitute for legal advice. The laws surrounding assault can vary by state and territory, and the outcome of any case will depend on its specific circumstances. For tailored legal advice, please contact our team of expert lawyers.