Charged With Assault in NSW?
An overview of the assault spectrum in NSW, from common assault through to assault causing injury, and how the right charge and defence are worked out.
The Assault Spectrum
Not every assault charge is the same
"Assault" in NSW is not a single offence but a spectrum, ranging from common assault, which requires no injury at all, through to assault occasioning actual bodily harm and assault on a police officer, where the presence of injury, the identity of the victim, or aggravating circumstances significantly increase the maximum penalty available to the Court. Which charge is laid, and what penalty applies, depends on the specific conduct alleged and any injury caused.
Because the charges sit on a spectrum, the facts of a single incident can sometimes support more than one possible charge, and part of building a strong defence is testing whether the charge actually laid matches what the evidence can prove. The pages below cover each assault-related offence in full detail, including elements, defences, Court process and sentencing.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Common Assault (s61 Crimes Act 1900) | 2 years imprisonment and/or a fine of 50 penalty units ($5,500) | The broadest, most frequently charged assault offence. See the Common Assault page for elements, defences and sentencing. |
| Assault Occasioning Actual Bodily Harm (s59 Crimes Act 1900) | Up to 7 years imprisonment (5 years base; 7 years if committed in company) | Applies where the assault causes actual injury. See the Assault Occasioning ABH page for full detail. |
| Assault Police Officer (s60 Crimes Act 1900) | Up to 12 years imprisonment (5 years base, rising to 12 years for wounding or GBH) | Covered on the Resist or Hinder Police / Assault Police page, which also covers the separate, non-violent offence of resisting or hindering police. |
| Stalking or Intimidation (s13 Crimes (Domestic and Personal Violence) Act 2007) | 5 years imprisonment and/or a fine of 50 penalty units | Often charged alongside an AVO application. See the Stalking or Intimidation page for full detail. |
| Wounding or GBH with intent (s33 Crimes Act 1900) | 25 years imprisonment (standard non-parole period 7 years) | See the Wounding and Grievous Bodily Harm page for elements, defences and sentencing. |
| Reckless GBH, in company (s35(1) Crimes Act 1900) | 14 years imprisonment | See the Wounding and Grievous Bodily Harm page for elements, defences and sentencing. |
| Reckless GBH (s35(2) Crimes Act 1900) | 10 years imprisonment | See the Wounding and Grievous Bodily Harm page for elements, defences and sentencing. |
| Reckless wounding, in company (s35(3) Crimes Act 1900) | 10 years imprisonment | See the Wounding and Grievous Bodily Harm page for elements, defences and sentencing. |
| Reckless wounding (s35(4) Crimes Act 1900) | 7 years imprisonment | See the Wounding and Grievous Bodily Harm page for elements, defences and sentencing. |
Defences
Common defences
Self-defence, disputes about identification, and challenges to whether the prosecution can prove the required intent or recklessness are among the defences most commonly raised across assault-related charges. Because the specific elements and defences differ between common assault, ABH and assault police charges, see the relevant offence page below for the defences that apply to your specific matter.
Assault Offences
Read the full offence page
Going to Court?
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