02 9159 9010
Charged With Assault in NSW? What Happens Next
If you’ve been charged with assault, police will have handed you a Court Attendance Notice. It sets out the charge and your first court date, and what you do between now and that date matters more than most people realise. This guide walks through the process from charge to outcome, and the decisions you’ll need to make along the way.Which assault charge you’re facing
Most assault charges in NSW are laid under one of two sections of the Crimes Act 1900.
Common assault (section 61) covers any unlawful physical contact, or any act that makes another person fear immediate violence. No injury is required. A push outside a pub, a grabbed arm during an argument, even a raised fist can be enough. The maximum penalty is 2 years imprisonment.
Assault occasioning actual bodily harm (section 59) applies where the assault causes an injury that’s more than fleeting. Bruising, scratches or a cut lip are the classic examples. The maximum penalty is 5 years imprisonment, or 7 years if the assault was committed in company with others.
Those maximums are reserved for the most serious cases dealt with in the District Court. In practice, almost all common assault and ABH charges are finalised in the Local Court, where the sentencing powers are much lower.
Your first court date is not a trial
The first listing is called a mention. It’s administrative. The magistrate wants to know whether you have a lawyer, whether you’re pleading guilty or not guilty, and whether the matter needs to be adjourned. Nobody gives evidence and nothing is decided about your guilt that day.
The period before the first mention is often the most valuable window in the whole case. Your lawyer can request the police brief, review the evidence, and make written representations to have the charge withdrawn or downgraded. It’s common, for example, for an ABH charge to be negotiated down to common assault, or for the police facts to be amended so the version read to the court is fair. Once a plea is entered, those opportunities narrow.
Bail, and the AVO that often comes with it
Most people charged with assault are released on bail, sometimes with conditions like not contacting the complainant or not attending a certain address. Comply with them strictly. Breaching bail is grounds for arrest and makes everything that follows harder. If your conditions are unworkable, they can be varied through the court, and our bail lawyers deal with this regularly.
Where the complainant is a partner or family member, police will almost always apply for an apprehended violence order at the same time. An interim AVO is not a criminal conviction, but breaching one is a criminal offence, and its conditions can exclude you from your own home or prevent contact with your children. Get advice before consenting to any AVO terms.
Pleading guilty or not guilty
If you plead not guilty, the matter is listed for a defended hearing where the prosecution must prove the charge beyond reasonable doubt. Self-defence is the most common issue in assault cases. Once it’s properly raised, the prosecution must disprove it beyond reasonable doubt, not the other way around. You can read more about how defences work on our criminal defences page.
If you plead guilty, the matter proceeds to sentence. An early guilty plea attracts a discount, up to 25% in the Local Court, which is one reason getting advice early matters. The right plea at the right time is a strategic decision, not a formality.
Can you avoid a conviction?
Often, yes. Under section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can find an offence proven but dismiss the charge without recording a conviction, either outright or with a conditional release order. The court looks at your record, your character, the seriousness of the offence and your prospects of not reoffending.
A section 10 is never automatic. In our experience, the outcomes come from preparation: character references, evidence of counselling or an anger management program where appropriate, and a properly presented explanation of the circumstances. That work needs to start well before the sentence date.
Assault in NSW?
What to do now
Write down your version of events while it’s fresh, including who was present. Save any messages, photos or injuries of your own. If there’s CCTV, act quickly, venues commonly delete footage within weeks. Don’t contact the complainant, don’t discuss the incident on social media, and don’t give police an interview without legal advice.
If you’ve been charged with assault anywhere in Sydney or NSW, call Blackridge Law on 02 9159 9010 for a free consultation. We appear in Local Courts across Sydney every week, and the earlier we’re involved, the more options you have.
This article is general information, not legal advice. For advice about your situation, contact Blackridge Law on 02 9159 9010 or info@blackridgelaw.com.au.