Criminal Lawyers › Assault Charges
Assault Charge Lawyers — Defence, Defences & Outcomes
Assault charges range from common assault (a summary offence heard in the Magistrates or Local Court) to grievous bodily harm and serious assault charges heard in the District or Supreme Court. Early legal advice is critical — defences including self-defence, consent, and accident apply to many assault charges, and the way the matter is prepared from the outset shapes the final outcome. Connect with a criminal lawyer today.
⚠ If you have been charged with assault, do not contact the complainant — any contact may worsen your position and can constitute a separate offence. Get legal advice before your first court appearance. Submit your request.
What We Help With
Assault charges — from common assault to serious bodily harm.
Every assault charge — from a pub altercation to a domestic violence charge — requires specific legal advice on defences, the evidence available to the prosecution, and how to present your circumstances most effectively.
Common Assault
The lowest-level assault — involving intentional or reckless application of force, or threatening conduct causing apprehension of force. Heard summarily. Self-defence, consent, and lawful correction are available defences.
Assault Occasioning Actual Bodily Harm (ABH)
Where the assault causes physical injury beyond transient pain — bruising, scratches, soft tissue injury. More serious than common assault and may be heard on indictment depending on the circumstances.
Grievous Bodily Harm (GBH)
Serious physical injury — broken bones, permanent disfigurement, loss of function. An indictable offence with significant maximum penalties. Requires careful assessment of prosecution evidence from day one.
Domestic Violence Assault
Assault charges in a domestic or intimate partner context are treated more seriously by courts, prosecutors, and police. AVO/DVO applications are typically made alongside charges. Specific defences and procedural options apply.
Affray & Unlawful Assembly
Where an assault occurs as part of a group fight or public disorder. Prosecution for affray requires conduct that would cause fear to a person of reasonable firmness — individual role and intent are closely examined.
Assault of a Police Officer
Assaulting a police officer, emergency worker, or other protected person is an aggravated offence with higher maximum penalties in every state. The identity of the victim is a key element the prosecution must prove.
What the Law Says
Assault defences, charge levels, and what courts look for in sentencing.
Assault is one of the most commonly charged offences — and one of the most defensible. Understanding the available defences and what the prosecution must prove is the starting point.
Self-defence — and when it applies
Self-defence is available where you believed your conduct was necessary to defend yourself or another person, and the response was reasonable in the circumstances as you believed them to be. The prosecution must disprove self-defence beyond reasonable doubt once it is raised. It applies equally to common assault, ABH, and GBH — and can result in a complete acquittal. A lawyer assesses the evidence and advises whether self-defence is genuinely available on your specific facts.
Consent — relevant to some assault types
Consent is a defence to some forms of assault — particularly in contexts like contact sports, medical treatment, and certain adult consensual activities. The scope of consent as a defence varies by charge level and by state. Where ABH or GBH results, consent may not be available as a complete defence even where the victim agreed. A lawyer assesses whether consent applies to the specific charge and facts in your case.
Domestic violence assault — the context changes everything
Assault charges arising in a domestic or intimate partner context are treated significantly more seriously by police, prosecutors, and courts. AVOs/DVOs are typically applied for alongside criminal charges. Courts have specific sentencing considerations for domestic violence matters, and prosecutors are less likely to withdraw charges based on victim non-cooperation. Early legal advice — including advice on whether charges can be challenged — is particularly important in DV assault matters.
Intoxication — limited impact as a defence
Voluntary intoxication is a very limited defence in Australian assault law. It may be relevant where the charge requires specific intent (malicious wounding, intent to cause GBH) — but is not available for general assault, common assault, or reckless GBH. Courts do not treat intoxication as mitigation — in fact, intoxication is typically an aggravating factor at sentencing. If intoxication is a factor in your charge, legal advice on the specific intent elements of the charge is essential.
Factual defences — challenging the prosecution evidence
Many assault charges are contested on the facts — whether the alleged assault occurred at all, whether the accused was the person involved, whether the injury is consistent with the alleged assault, or whether the complainant's account is reliable. CCTV footage, witness evidence, medical records, and forensic evidence can all support a factual defence. A lawyer will assess the police brief and identify where the prosecution case is weakest.
Sentencing assault matters — aggravating and mitigating factors
Assault sentencing is influenced by the victim's injuries, whether a weapon was used, the presence of pre-meditation, whether the victim was in a vulnerable position, and the offender's prior history. Strong mitigation — including remorse, rehabilitation, character references, treatment for anger or alcohol issues, and personal circumstances — can significantly affect outcome. Courts regularly impose non-custodial sentences for common assault and ABH where mitigation is effectively presented.
How It Works
One request. The right assault charge lawyer.
Tell us the charge level, the circumstances, and your court date. A criminal lawyer with assault defence experience will contact you for a free consultation before your hearing.
Submit Your RequestDescribe the charge
Tell us the assault charge, the context (domestic, public, police officer), your state, and your next court date. Mention any AVO or bail conditions.
Matched to a criminal lawyer
Your request is matched to a lawyer experienced in assault defence in your jurisdiction — including self-defence arguments, contested hearings, and sentencing submissions.
Free consultation arranged
A criminal lawyer contacts you for a free consultation — assessing defences, reviewing the prosecution evidence, and advising on your realistic options before court.
Common Questions
Assault charges — frequently asked questions.
What is the difference between common assault and ABH?
Common assault involves intentionally or recklessly applying force to another person, or making them fear force — without necessarily causing injury. ABH requires actual bodily harm: physical injury beyond transient pain, such as bruising, scratches, or soft tissue damage. The distinction is important because ABH carries higher maximum penalties and is more likely to be dealt with on indictment in the higher courts.
Can I be charged if I was defending myself?
Yes — police may charge regardless of whether self-defence applies. The defence is raised at court, not at the point of charge. Once self-defence is raised, the prosecution must disprove it beyond reasonable doubt. A lawyer assesses the evidence — including your version of events, witness accounts, and any CCTV — to advise whether a self-defence argument is strong enough to contest the charge or whether negotiating with the prosecution is the better path.
Can the complainant "drop" the assault charge?
No — assault charges are laid by the police, not the victim. The complainant can advise police that they do not want to proceed, and this may influence the prosecution's decision to continue or withdraw the charge. But a complainant's preference to drop the matter does not automatically result in the charge being withdrawn. This is particularly true in domestic violence matters, where police have specific guidance on continuing charges regardless of victim wishes.
Will I go to gaol for an assault charge?
For common assault and first-offence ABH without aggravating factors, a custodial sentence is possible but not usual — particularly where strong mitigation is presented. For GBH, serious assault, or assaults on police or other protected persons, imprisonment is more likely, especially for repeat offenders. A lawyer presents the best possible mitigation and, where appropriate, argues for community-based orders, suspended sentences, or non-conviction outcomes.