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Legal Answers ... In Short
FAQs
Frequently Asked Questions.
Can you go to jail for an assault charge?
Yes. In New South Wales criminal law, common assault can result in up to two years of imprisonment or fines of up to $2,200.00 depending on the severity of the case.
What is the maximum penalty for assault occasioning actual bodily harm?
In NSW, this offence carries a maximum sentence of 5 years. If committed in the company of others, it increases to 7 years.
What other penalties must result if I am found guilty of assault occasioning actual bodily harm?
Penalties include:
• Imprisonment
• Fines
• Conditional Release Order
What is the maximum penalty for assault occasioning actual bodily harm?
In NSW, this offence carries a maximum sentence of 5 years. If committed in the company of others, it increases to 7 years.
What other penalties must result if I am found guilty of assault occasioning actual bodily harm?
Penalties include:
• Imprisonment
• Fines
• Conditional Release Order
What must be proven by the prosecution for an assault occasioning GBH charge?
The prosecution must prove all elements of the offence beyond reasonable doubt. This burden rests solely on them. To learn more, visit the defence strategies page.
What is the difference between common assault and assault occasioning actual bodily harm?
Common assault involves the apprehension of harm without necessarily any contact. Assault occasioning ABH requires actual physical injury to be present.
Is intoxication a defence to assault occasioning actual bodily harm?
No. Under NSW law, intoxication is generally not a defence for serious charges like ABH. For advice, consult a criminal solicitor in Sydney.
What is the punishment for common assault?
Common assault is a less severe form of assault, carrying penalties of up to 2 years imprisonment or fines up to $5,500.
What are the elements of common assault?
The prosecution must prove:
a) You assaulted another person
b) The assault did not result in actual bodily harm
To learn more, contact our Sydney assault solicitors.
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