Facing a Common Assault Charge? Here’s What Happens Next
Common assault cases are almost always heard in the Local Court unless you are also facing different and more serious offences. On the first court date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence.
If you enter a plea of Guilty, in most circumstances the matter will be able to proceed to a Sentence on the same date. If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain statements from police officers, witnesses, police body worn video, CCTV, photos, videos and any other relevant materials.
Once the evidence is served, the matter will be set down for a Hearing which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond reasonable doubt. If the charge is considered ‘domestic violence related’, instead of the matter being adjourned for the police to serve a brief of evidence, it will instead be expedited and adjourned for Hearing once a plea of Not Guilty is entered.
With the right legal support, many cases resolve favourably before reaching a hearing.
It is important to obtain legal advice prior to the first court date, so you can be accurately advised before entering any pleas formally in court. It can also provide the opportunity for a lawyer to assess whether negotiations occur with the police to seek for charges to be withdrawn, downgraded, or resolved early. Early preparation can affect whether charges are withdrawn, downgraded, or result in a conviction.
Why you should choose Elite Defence Lawyers?
We provide our clients with a free consultation to understand their cases and provide insight on how we're able to assist in their representation. We use our skills and to best develop the best outcome for our clients no matter the case.
We understand that our clients may need the assistance of a lawyer at any time. We provide 24/7 assistance for our clients that include quick bail applications, instant legal advice on court proceedings and more. We provide around the clock assistance via phone or email
With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
We pride ourselves on having high client retention, building ongoing relationships with our clients time and time again. Our clients know that they're able to trust Elite Defence Lawyers in any and all instances.
How Our Common Assault Lawyers Can Help You
Once a plea of not guilty is entered a brief of evidence will be ordered by the court. Over the following months police will serve any items from this brief on your lawyer who will then have an opportunity to review the brief. At Elite defence lawyers we would do the following:
Liaise with the police to arrange for service of the brief.
Review the brief once it is received to determine the strengths and weaknesses of the prosecution case.
Have a conference with the client to see if there are any available defence strategies to the case such as, self defence, lack of intent or consent.
If necessary, negotiate with the police to see if the charges can be downgrounded or withdrawn.
Attending the final hearing date to defend the matter and cross examine witnesses in accordance with the client's instructions.
What Are the Penalties for Common Assault in NSW?
The maximum penalty for common assault in NSW is two years imprisonment with and/or a fine of $5,500. Both of these penalties carry a criminal record.
However, the actual penalty imposed by the court depends on the circumstances. In determining the appropriate penalty, the court will consider factors such as the level of violence involved, the harm caused to the victim, and any other considerations which make the offence more or less serious.
The penalty that you receive can have a wide range of potential impacts including employment opportunities, travel, and family life if a conviction is recorded.
Early legal advice and ensuring your case is prepared properly can reduce risk of a serious penalty. It’s important to remember that even first-time offenders aren’t guaranteed leniency if unrepresented.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
If You Plead Not Guilty: What Are the Defences to Common Assault?
If you choose to plead Not Guilty and fight a common assault charge, there are several potential defences which may be applicable to your case. These include:
You did not assault the complainant (i.e., it is a false allegation).
Self-defence (i.e., where your actions were necessary and reasonable in all of the circumstances).
Consent
Mental Health.
Occurred in the course of every-day life.
Lawful correction (i.e., disciplining a child over whom you have responsibility).
Duress or necessity.
It is important to note that not all matters that start as a Not Guilty plea result in a Hearing. Some charges are dropped by the police or downgraded prior to this date, where the right legal arguments are put forward. Elite Defence Lawyers has experience in successfully utilising these defences as well as in legal representations to negotiate with the prosecution for a lesser charge or a withdrawal.
If You Plead Guilty: Will I Go to Jail?
If you plead Guilty, this doesn’t mean that you will automatically receive a harsh punishment. There are a number of alternative sentencing options including non-conviction penalties such as a section 10(1)(a) (a non conviction dismissal), a conditional release order (a good behaviour bond which can be imposed without conviction), and a community corrections order (a good behaviour bond which will always carry a conviction and may include conditions such as community service work). Depending on the factors, alternatives to a custodial sentence are often realistic outcomes after a guilty plea or guilty verdict, if argued properly.
Factors Affecting Sentencing
In considering an appropriate penalty during sentencing, the court will consider a number of matters including aggravating or mitigating factors. An offence will be considered ‘aggravated’ in circumstances such as where there is a high level of violence involved, the offence occurred in the home of the victim, or you have a history of prior convictions.
Mitigating factors include circumstances where you express remorse, cooperate with the police, are unlikely to re-offend, and enter an early plea of Guilty. Strong advocacy on your behalf can ensure the important aspects of your matter are highlighted to the court, influencing what the court considers and how it weighs your circumstances.
Why Should I Choose Elite Defence Lawyers?
If you’ve been charged, time is critical—early legal advice can mean the difference between jail, dismissal, or reduced charges. At Elite Defence Lawyers, our team of experienced assault defence lawyers act fast to protect your rights.
Whether pleading guilty or not guilty, we provide clear guidance and strong representation at every stage to secure the best possible outcome. Clients in Greater Sydney, including Sutherland, trust us for our commitment and results. Benefit from our Free consultation, 24/7 availability, and cases handled by senior lawyers who understand exactly what’s at stake.
