What happens when you get charged with assault in Australia?
The maximum penalty for Common assault is two years imprisonment. Although, these penalties are typically reserved for the worst offenders. If you intend to plead guilty, we have a proven track record of keeping our clients out of jail and also having no conviction recorded for Assault occasioning actual bodily harm.
How long do you go to jail for assault in Australia?
For an assault not causing actual bodily harm the maximum penalty is two years imprisonment, unless the victim is a police officer, in which case the maximum prison sentence increases to five years.
What is classified as assault in Australia?
Assault occurs if there is any intentional and unwanted physical force used against a victim [s 20(1)(a)]. For example, punching, hitting or kicking a person. The force used can be direct or indirect.
Do first offenders go to jail Australia?
‘ The answer will, of course, depend on what offence you have committed. There are some offences for which you will almost certainly receive a full-time custodial sentence if you either enter a plea of guilty or are found to be guilty due to how serious they are regarded.
What is the lowest level of assault?
Simple assault, usually charged as a misdemeanor, is the least serious form of assault. It involves minor injury or a limited threat of violence. In states where assault is a physical attack, pushing someone or slapping someone in an argument are instances of simple assault.
How does an assault charge affect your life?
Unless it is a repeat offense (multiple times) or you already have a long criminal record, conviction for a simple assault will most probably be a two year sentence with probation. Once convicted, it will remain on record for all your life unless you attend the diversion programs like these.
How do you prove common assault?
Both in the common law and under statute, the actus reus of a common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury.
Does common assault go to court?
Yes. Unless the assault and/or battery was racially motivated, the charge will be heard in a Magistrate’s Court. If the attack was racially motivated, it can be heard in either the Magistrate’s Court or the Crown Court.
Is touching someone assault Australia?
An assault may occur by, for example, striking, touching, moving or applying force without a person’s consent, or with the person’s consent if that consent is obtained by fraud.
What is an example of an assault?
Some examples of assault may include: Attempting to spit on the victim; Miming the act of hitting, punching, or kicking the victim; Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object; and.
Can you go to jail for first offence?
For a first offence, a fine and or community order may be imposed. If the offender has previous convictions or if there are aggravating factors, a prison sentence is more likely.
What can you go to jail for in Australia?
Unlawful entry/burglary/break and enter (8.4%) Homicide (8.4%) Traffic offences (4.0%) Theft (3%)
What is Level 3 assault?
Assault level 3 involves wounding, maiming, disfiguring or endangering the life of someone.
Can I lose my job if charged with assault?
So the fact that you have been accused of a criminal offence should not necessarily affect your job. What your employer should consider is the nature of the alleged criminal offence and whether it affects your ability to carry out your duties.
What is legally considered assault?
Definition. The definition of assault varies by jurisdiction, but is generally defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Physical injury is not required.
Will I go to jail for common assault?
Will there be a prison sentence? Just as with common assault, if the offender is being charged for the first time it is unlikely they will receive a prison sentence – usually they are fined.
Is it assault to push someone?
If you intentionally shoved the victim, then you are guilty of assault. In that case, when you shoved the victim, you knew or should have known that shoving someone could cause injury. You acted knowingly or recklessly and are guilty of a crime.
What is the difference between assault and common assault?
A person is guilty of common assault if they either inflict violence on another person – however slight this might be – or make that person think they are about to be attacked. If violence is used in a common assault, it is called a “battery” and the perpetrator would be charged with “assault by beating”.