Types of Assault Charges

Assault & Aggravated Assault

Assault is either the intentional or reckless harming, stalking, harassing or provoking of others.  Section 59 of the Crimes Act 1900 states that if the assault caused actual bodily harm onto another, the accused is liable for a five year sentencing.  Assault is considered aggravated if it occurs in the company of others according to section 59(2), and the according sentence is seven years.

Common Assault

There are several possible punishments for assault charges.  According to Section 10, if you decide to plead guilty, the court will impose a penalty and record a conviction, and you will receive a criminal record.  However, the court reserves the discretion to not convict you and, if this is their choice, you receive no record and no penalty.

You may be fined for common assault, and the judge or magistrate will do so keeping your financial situation in mind.  They will only fine you in a manner that has realistic expectations.

After an assault charge you may be asked to commit to a good behaviour bond.  This asks you to maintain certain habits or behaviours for up to five years.

You may be assigned with community service or asked to participate in certain programs or courses, such as anger management.  You will be assessed by an officer to determine what’s appropriate.

You may receive a suspended sentence if your sentence is two years or less.  You will be asked to commit to a good behaviour bond and the court will suspend your sentence until you’ve completed what they have asked you to do.

Last but not least, jail is a plausible punishment for many types of assaults.

Possible acceptable defences for common insult may include: self-defence, self-defence of others, provocation, accidents, or necessity.

Assault against a Police Officer

Assault against a Police Officer is a very serious charge that is not taken lightly in the court.  According to Section 60 of the Crimes Act there are several separate sentences.  The punishment for the assault or harassment of an officer on actual duty, without causing bodily harm is a five year sentence.  If it occurs during a public disorder the sentence is seven years.  If a Police Officer is assaulted on duty and grievous harm comes to him, the punishment is also seven years.  If this happens during a public disorder the punishment is nine years.  Any account where wounds or grievous bodily harm comes to an officer or any others results in a twelve year sentencing, and in a public disorder fourteen years.