What happens if someone is charged with assault?
Common assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however the prosecution can elect to have them dealt with in the District Court. In New South Wales, common assault carries a maximum sentence of two years imprisonment or fines of up to $2,200.00.
Is charging someone assault?
Actual injury does NOT have to occur in order for an assault charge to occur. The most important points of an assault charge are that the person being charged had direct intent to inflict harm, and that the person being harmed did not give consent.
Is assault a crime against a person?
Assault covers situations when a person intentionally applies physical force to move or harm another person’s body. You are not to blame for this crime, the perpetrator is. No one has the right to hurt you. Assault can also be a part of family violence and harm.
Can a person be charged with an assault?
So, if an individual acts in a way that’s considered dangerous to other people that can be enough to support assault charges, even if they didn’t intend a particular harm to a particular individual. Moreover, an intent to scare or frighten another person can be enough to establish assault charges, as well.
What’s the difference between an assault and an assault?
And while they naturally overlap, there is a difference between the two when it comes to specific charges that can be filed against a person. By definition, an assault occurs when one person commits actions that put another person in a situation where he or she can reasonably fear that he or she will be physically harmed.
When does an assault charge come before a battery charge?
Generally, assault comes before battery. You assault someone if you put them in fear that you are imminently going to strike them physically, with the intent to hurt them. Although it seems like an attempted crime, it actually is a complete crime in and of itself. If you were in a fight, you probably would be charged with assault and battery.
What makes a person guilty of common assault?
Common Assault is a broad and complex charge, and because there are so many different actions that fall under ‘Assault’, it is often easier to understand the offence through examples. In plain language, you can be found guilty of Common Assault if you hurt another person or if you make that person think that they might be about to suffer harm.