Assault includes a range of offences, many of which depend on the seriousness of the injury and the intent an offender has in committing the offence. The more serious the offence, the greater the maximum penalty. All offences include a maximum penalty of imprisonment.

Aside from denying the offence, the defence of self-defence is available. Pursuant to s. 418 of the Crimes Act 1900, if you believe it is necessary to do what you did to defend yourself, another person, or your property AND your actions are a reasonable response to the circumstances as you perceive them, you may be able to defend a charge on the basis of self-defence.

To ensure you have been charged with the correct offence, and to assist you with a plea of not guilty or guilty, it is important to have an experienced criminal lawyer. Bell Lawyers have been representing clients charged with violent offences since we opened in 1984. Offences include:

• Common Assault: An assault can include a threat of violence or actual violence. Common assault is one of the most frequent charges in NSW courts and has a maximum penalty of 2 years’ imprisonment.
• Assault Police: If an offender assaults, stalks, harasses, or intimidates a police officer, the offender is guilty of a criminal offence. Courts recognise the role of a police officer and often impose harsh penalties if a person is found guilty of committing this offence.
• Assault Occasioning Actual Bodily Harm: To be found guilty of this offence, an offender must commit an assault that results in an injury. If found guilty, the maximum penalty is 5 years’ imprisonment.
• Recklessly Causing Grievous Bodily Harm: A person who causes grievous bodily harm to another person in a reckless manner is guilty of a criminal offence. Grievous bodily harm is recognised as a serious injury, generally more serious than actual bodily harm.
• Malicious Damage: A person who recklessly or deliberately destroys property belonging to another individual is guilty of a criminal offence. While the property must belong to another, it is important to know you can be found guilty of this offence even if the property is yours, which you jointly own with another.
• Murder: Murder is one of the most serious criminal offences, with significant penalties reflecting the severity of the crime. Due to the very serious nature of the offence, it is heard in the Supreme Court, usually with a jury.
• Manslaughter: Manslaughter usually relates to the intent of the offender. If the acts of the offender do not fall within the definition of murder, yet still cause the death of a person, they could be found guilty of manslaughter.

Property offences can include stealing or more serious offences of breaking into premises and stealing property from inside.

• Larceny: Larceny is an offence where a person takes the property of another with the intention to permanently deprive the other person of that property. For example, if a person shoplifts goods from a store, they would be charged with this offence. The maximum penalty is 5 years’ imprisonment.
  Forgery: Forgery is the action of fraudulently and unlawfully copying or imitating documents, signatures, banknotes, art, or other articles for deceptive purposes.
• Fraud: Fraud is an offence whereby a person deceives another person dishonestly and obtains a financial advantage or causes a disadvantage to another person. It is considered a serious offence with a maximum penalty of 10 years’ imprisonment.
• Embezzlement: If you have been entrusted with the funds or assets of your employer and misappropriate those funds, you could be guilty of the offence of embezzlement.
• Break, Enter & Commit Serious Indictable Offence: In simple terms, if a person opens a door or window, or climbs through the roof, and enters a building to commit a serious indictable offence in that building, they are guilty of an offence. The offence also includes circumstances where a person breaks out of a building. A serious indictable offence is any offence that carries a maximum penalty of 5 years’ imprisonment. Examples include larceny, intimidation, or damaging property.
• Goods in Custody: As per section 527C of the Crimes Act 1900 (NSW), unlawful possession of property, otherwise known as goods in custody, is a criminal offence. There are defences available to this offence.
• Car Stealing: Stealing a motor vehicle or vessel is a serious offence. Joyriding is a less serious offence referred to as taking and driving a motor vehicle. It is important to know the difference between these offences.
• Receiving Stolen Goods: If a person knowingly receives or disposes of stolen property, they will be liable to significant penalties.
• Being Armed with Intent to Commit an Indictable Offence: Section 114 of the Crimes Act 1900 (NSW) refers to the crime of being armed with intent to commit an indictable offence. While there are a number of variations of this offence, one of the most common is possession of housebreaking implements.

Stalking or intimidating another person with the intention of causing that person to fear physical or mental harm is a criminal offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).

An Apprehended Violence Order (AVO) is an order issued by the Court to protect a person or persons from future harassment, abuse, stalking, intimidation with intent to harm, assaults, and damage to property. It can include orders prohibiting contact or preventing a person from going near nominated premises.

AVOs can include personal or domestic violence orders.

If you breach an order, you can be charged with the criminal offence of contravening an Apprehended Violence Order.

• Ability to Work with Children: If an AVO has been made against you, this record may affect a ‘Working with Children Check’ and possibly any child-related employment.
• Security Licence: An AVO can affect you if you wish to apply for a security licence or if you already hold one. Any security licence you hold may be cancelled, or your application for such a licence may be rejected if the Commissioner of Police believes that you are not a ‘fit and proper person’ to hold a security licence.
• Firearms Licence: If an AVO has been made against you, any firearms licence you hold will be revoked.