Assault & Violent Offences
Over 12 months from June 2017 to June 2018, the Bureau of Crime Statistics and Research (BOSCAR) identified a total of 28,637 domestic violence related assault charges, 31,977 non-domestic violence related assault charges and a total of 2,337 related assault charges against Police Officers in NSW alone. Evidently, assault charges are a common matter dealt with by the judiciary system in NSW.
At Benjamin Leonardo – The Defenders, we are a leading criminal law firm with conveniently located offices in Sydney and Parramatta. With 29 years of experience, we have successfully assisted clients with assault charges and violent offences.
If you or someone you know has recently been charged as the result of a assault violent offence, please contact our Sydney based assault lawyers for a consultation.
Common Assault
Common assault is one of the most frequent charges that criminal defence lawyers represent in today’s society and is a serious criminal offence under section 61 of the Crimes Act, 1900. Common assault can be referred to as any unapproved touching that is intentional or reckless and can occur when one person attacks another individual but does
Assault Police
Any person who assaults, stalks, harasses or intimidates a Police Officer is guilty of a criminal offence as stated in section 60 of the Crimes Act 1900 (NSW). This act clearly defines many activities which may constitute an assault charge against a Police Officer.
Assault Occasioning Actual Bodily Harm
In accordance to section 59 of the Crimes Act 1900, any person who assaults another individual and occasions actual bodily harm is a criminal offence. To be liable for this charge, the Police will have to prove that an assault has been committed which resulted in an injury. Similar to common assault, the offence of assault occasioning actual bodily harm is one of the most frequently prosecuted offences dealt with in the Local Court, however, attracts more significant penalties.
Recklessly Causing Grievous Bodily Harm
In accordance to Section 35 of the Crimes Act 1900, a person who causes grievous bodily harm to another person and does so in a reckless manner is guilty of a criminal offence. Differing from assault occasioning actual bodily harm, the offence of recklessly causing grievous bodily harm typically results in more serious injuries and potentially permanent damage to another individual.
Resist or Hinder Police
Aiming to protect citizens and enforce the law, the judiciary system takes any matter against the Police very seriously. In fact, as per section 546 C of the Crimes Act 1900 (NSW) any person who resists or hinders, or incites any person to assault, resist or hinder a Police officer while in the execution of their duty has committed a criminal offence and therefore should be liable to punishment by the Court. The maximum penalty for such an offence is 12 years imprisonment, an $1,100 fine, or both.
Malicious Damage
Under section 195 of the Crimes Act 1900, a person who has maliciously damaged property belonging to another individual is guilty of a criminal offence. In fact, the Crimes Act explicitly states that “A person who intentionally or recklessly destroys or damages property belonging to another, or that person and another, is liable to punishment.