ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
Our lawyers assist people facing assault, wounding and/or grievous bodily harm offences, as well as affray, whether they are first-time or subsequent offences.
If you, a family member or a friend is facing assault charges of any kind in New South Wales, you will want to get an understanding of the different types of assault offences, potential outcomes and defences.
On this page, we cover:
If you are looking for information specific to Sexual Assault Offences, go to this dedicated page.
Our experienced team can assist you with:
Assault is the intentional or reckless actions that cause someone to fear physical violence, such as minor injuries or immediate threats of harm. There does not need to be physical contact for a Common Assault charge to be made out. However, it is not enough that a person is emotionally upset in some way. The fear must be of immediate unlawful violence, or there must be unlawful physical contact.
Assault Occasioning Actual Bodily Harm is the intentional or reckless actions that cause someone physical injuries beyond temporary discomfort, including bruising, swelling, scratches, cuts or other minor injuries that do not amount to the more serious offence of ‘grievous bodily harm’ (as detailed below).
Assault Causing Death is a more serious crime where the intentional violence caused the death of a person, whether that was intended or not. “One punch assaults” are an example of this offence.
Grievous Bodily Harm is the offence for the most serious physical injury. It includes serious or permanent disfigurement as well as broken bones, severe burns, scarring, death of a foetus, or infliction of a disease.
Wounding is an injury that breaks the outer and inner layers of the skin. For example, a stab wound or cut. It may include a weapon, but does not require the use of a weapon for it to be classified as a wounding offence.
Choking, Suffocation or Strangulation are separate offences from assault, wounding and GBH and are considered serious offences as they involve the restriction of blood flow and oxygen to the brain.
Affray is not an assault charge, as an assault is directed at an individual. Affray is a public disorder offence and involves the use of violence or the threat of violence that occurs between two or more people and affects more than those involved. For example, a violent fight between two or more people or highly aggressive threats with weapons or gestures that would cause bystanders to fear for their own safety. Affray is considered a serious indictable offence.
All assault and related offences are categorised as either summary offences, indictable offences or serious indictable offences.
Summary offences are those that can carry a fine and a maximum of 2 or less years of imprisonment.
Indictable offences are those which carry a penalty of 2 or more years of imprisonment
Serious indictable offences are those which carry a penalty of 5 or more years’ imprisonment.
Read through this page to learn about each of these offences and the possible maximum penalties associated with them in New South Wales.
If you have been charged with an assault, GBH or wounding offence, you may or may not be granted bail by the Police or by the Courts.
Whether you are granted bail depends on a number of factors, including whether you are considered to be an unacceptable risk.
Seeking urgent legal advice is the fastest way to understand your options and to ensure that you have the best possible chance of getting bail. For more information specific to bail, click here.
If the charges against you are false, it is crucial to seek legal advice at the earliest possible time to ensure you are informed about the best steps to take in proving your innocence. Learn more about pleading not guilty in NSW here.
Early advice is essential for the best outcomes.
If you are considering pleading guilty, it is essential to seek urgent legal advice. Early guidance can help you fully understand the consequences, explore possible options to reduce penalties, and ensure your rights are protected throughout the process.
If you require urgent bail assistance or legal advice for yourself or someone else, you can speak to one of our lawyers on the phone, in person or online. For urgent bail assistance, call our office during working hours. For urgent matters only, phone our dedicated after hours number 1800 SCB LAW. During office hours, phone our team at our Penrith or Blacktown offices.
You can read more about bail assistance at our dedicated Bail page here.
Read on below for more information specific to the various assault, wounding and GBH offences in New South Wales, including possible penalties and defences.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
If you have been charged with an assault offence, you will have been given a number of documents. It’s important that you read and understand each one fully, in order to understand the offence with which you’ve been charged and the next steps in the process. If you would benefit from some clarification about those documents or have other questions about your case, reach out to our team to organise a time to get clarity about your situation.
Common Assault is when it is alleged that someone has intentionally or recklessly:
Common Assault can include, but does not require, physical contact or injury. Examples of Common Assault include slapping, hitting, pushing, kicking, spitting and punching. Raising a fist toward someone or gesturing an injury to someone, even if no contact is made, may also be considered Common Assault in New South Wales. Throwing a bottle or a rock towards someone recklessly or intentionally may also be considered a Common Assault offence.
It is possible to be sentenced to a maximum of two years’ imprisonment. You may also be issued a fine of up to $5,500. Depending on the severity of the assault and whether you have any prior offences will affect your penalty. If you are not given a jail term, you may receive a fine, be required to complete an offence-free period, be supervised by Community Corrections, or perform community service work.
In New South Wales, Common Assault cases are generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To see the penalties for Common Assault specific to NSW, jump to this section here.
To learn about defences for Common Assault charges, click here.
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Early legal advice can better your outcome. If you are facing a Common Assault charge, learn more by speaking to our team. For urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
In New South Wales, Assault Occasioning Actual Bodily Harm is an offence where it is alleged that someone has experienced actual physical injury, pain or discomfort beyond the short term effect. For example, it may be alleged that the victim had prolonged bruising, swelling, scratches or minor cuts.
Although rare, this offence can also include psychological injury that has extended beyond the initial impact.
The injury doesn’t need to be permanent for it to be considered an Assault Occasioning Actual Bodily Harm. However, redness or marks that disappear shortly after would not be considered actual bodily harm.
Assault Occasioning Actual Bodily Harm In Company is more serious as it is an assault that causes actual bodily harm and is committed by two or more people.
Cases of Assault Occasioning Actual Bodily Harm are generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To learn about defences when facing charges of Assault Occasioning Actual Bodily Harm, click here.
ADVICE & REPRESENTATION FOR ASSAULT CHARGES
Our highly experienced team can help you identify the options that may be available to you.
Public Disorder includes a civil disturbance or riot of 12 or more people that creates a significant threat to public safety. Individuals either commit violent acts or threaten violence. Assault of Police during a public disorder carries a higher maximum penalty, as covered here. A civil disturbance can also include such conduct that occurs within a correctional or detention centre.
Assault During Public Disorder With Actual Bodily Harm is the same as above, however, the physical or psychological injuries caused are more lasting.
Assault During Public Disorder With Intent To Commit A Serious Indictable Offence is assault during a public disorder that is alleged to have been committed while committing another more serious offence. Examples of this may be either assault or resisting arrest, or the prevention of the arrest of someone else during a riot or large-scale public disturbance as part of another serious indictable offence.
In New South Wales, cases of Assault During Public Disorder are generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To learn more about defences that may be available, jump to this section here.
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Seeking early legal advice can improve your outcomes. Learn more by speaking to our team. For urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
While affray is not assault, it is a related offence. As mentioned at the top of this page, affray is the use of violence or threat of violence that affects more than one person, making it an offence against public order.
Examples of affray include:
An Affray charge is generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To see the maximum penalties for Affray in NSW, jump to this section here.
To learn about defences that may be available, jump to this section here.
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With imprisonment a possible outcome of an Affray charge, early legal advice is essential. Seek assistance from our experienced criminal lawyers to learn what outcomes are possible, specific to your circumstances.
Assault against law enforcement relates to the assault of Police officers, people employed or engaged to provide health, education or rehab services to inmates in a correctional centre, and numerous investigative roles relating to law enforcement in New South Wales.
Some of the related offences in this category include:
In New South Wales, cases of Assault Against Police Officers or Law Enforcement Officers are generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To see the penalties specific to NSW, jump to this section here.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
Regardless of whether you are guilty or not, you should avoid speaking with Police before obtaining legal advice, except where the law requires you to provide identification or other mandatory information.
We have your best interests front and centre.
This offence relates to the assault of paid or volunteer workers in NSW.
Frontline Emergency Workers include firefighters, doctors, nurses, paramedics etc.
Frontline Health Workers include ambulance and hospital staff, people employed by community first responder services, pharmacy staff and people employed to provide community health services.
There are different types of offences in relation to Frontline Emergency and Health Workers, including throwing an object at, stalking, harassing, intimidating or assaulting an emergency or health worker with or without causing actual bodily harm, in the course of their duty (or inciting someone else to). It also applies to the assault of frontline emergency workers or health workers who are not on duty at the time if the assault is in relation to their role.
If the assault or recklessness causes Wounding or Grievous Bodily Harm to the frontline emergency or health worker, the penalties are more significant due to the increased exposure these people have while on duty and the vital nature of their role.
In New South Wales, cases of Assault Against Frontline Emergency or Health Workers are generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To see the penalties specific to NSW, jump to this section here.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
Reach out to our experienced criminal defence team to receive legal advice specific to your situation. Delaying legal advice can limit your chances of achieving a more favourable outcome in your case.
n New South Wales, Wounding is classified as an injury that breaks the outer and inner layers of the skin. For example, a stab wound or cut. It may include a weapon, but does not require the use of a weapon to be classified as a Wounding offence.
Wounding Offences include:
Grievous Bodily Harm (GBH) is an offence for the most serious physical injury. It includes serious or permanent disfigurement. It can also include broken bones, severe burns, scarring, death of a foetus, and infliction of a disease.
Grievous Bodily Harm Offences in New South Wales include:
In New South Wales, cases of Wounding or Grievous Bodily Harm may be heard in the District Court, depending on the severity of the alleged offence. Cases of Reckless Wounding or Reckless Grievous Bodily Harm can be heard in the Local Court, but are generally dealt with in the District Court.
To see the penalties specific to NSW, jump to this section here.
To learn about defences when facing charges of Wounding or GBH, click here.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
Seeking early legal advice can improve your outcomes. Learn more by speaking to our team. If you or someone you know has been charged and requires urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
There are three types of offences:
These offences were established to address the serious nature of non-fatal strangulation, particularly in domestic violence contexts. The penalties increase significantly based on the intent and outcome of what has been alleged.
In New South Wales, cases of Choking, Suffocation or Strangulation are generally heard in the Local Court, but may be dealt with in the District Court, depending on the severity of the alleged offence.
To see the penalties specific to NSW, jump to this section here.
To learn about defences when facing charges of Choking, Suffocation or Strangulation, click here.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
If you are facing a charge of Choking, Suffocation or Strangulation, you must seek urgent legal advice from an experienced criminal lawyer.
Do not speak with Police without first obtaining legal advice, even if you know you are not guilty.
This is an offence alleged to have been committed while committing another more serious offence. It can include assault or resisting arrest, or the prevention of the arrest of someone else, with the intention of committing another criminal offence. For example, it could involve an assault of a person for the purposes of enabling the offender to commit sexual assault against the victim.
A serious indictable offence is any crime that carries a penalty of at least 5 years’ imprisonment. The prosecution needs to prove that the person assaulted the alleged victim with the intention of enabling them to commit another offence.
Examples of serious indictable offences include:
In New South Wales, cases of Assault With Intent To Commit A Serious Indictable Offence are generally heard in the District Court, depending on the severity of the alleged offence.
To see the penalties specific to NSW, jump to this section here.
To learn about defences when facing charges of choking, suffocation or strangulation, click here.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
From the thousands of cases we’ve assisted clients with across Sydney and New South Wales, we’ve found that those who seek advice later in the piece have fewer options available to them, including limiting the opportunities to improve the outcome of their Hearing. Seek legal advice early.
There are two categories for this charge:
These offences came into effect to address “one punch” assaults that resulted in death. The penalties are more significant for people whose intoxication was self-administered. If a person has been found guilty of Assault Causing Death When Intoxicated, there is a mandatory minimum non-parole period of 8 years. This means that the Court is not able to reduce the non-parole period even if there are circumstances surrounding the offending conduct that would otherwise reduce the penalty.
The responsibility is on the prosecution to prove that the person intended to assault the other person and that the assault caused the death. For example, the person assaulted may have fallen to the ground as a result of being assaulted and hit their head on the gutter, which caused their death.
For Assault Causing Death When Intoxicated, the person must have been at least 18 years old at the time, and the intoxication must be self-induced. To prove intoxication, it is sufficient for the person to provide an alcohol reading of 0.15 or above.
In New South Wales, cases of Assault Causing Death are generally heard in the District Court or the Supreme Court. A person may be charged with Murder or Manslaughter, but if the Jury or Judge are not satisfied beyond a reasonable doubt that these offences are made out, then the person can instead be found guilty of Assault Causing Death.
To see the penalties specific to NSW, jump to this section here.
To learn about defences that may be available for charges of Assault Causing Death, click here.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
Ensure you do not say anything at all (except proving your identity and other mandatory information) until you seek legal advice from a lawyer experienced in representing and defending cases that have significant consequences.
Need Bail Assistance? If you require urgent bail assistance or legal advice for yourself or someone else, you can speak to one of our lawyers on the phone, in person or online. For urgent bail assistance, call our office during business hours, or for out of hours assistance, phone 1800 SCB LAW. We have two office locations – Penrith and Blacktown. We also offer online meetings and telephone calls. All options can be found here.
Depending on the nature and seriousness of the assault, a person may receive a penalty other than, or in addition to, jail time.
Sentencing outcomes can include one or more penalties such as those listed below, including, but not limited to:
Below the penalties table, you will find information about possible defences.
In addition to the non-custodial penalties detailed above, see the table below for the maximum penalties, listed by offence.
Custodial sentences include:
An ICO is a sentence of imprisonment that is served in the community under strict conditions, instead of full time custody.
If you are given a custodial sentence and don’t follow the conditions, the State Parole Authority will decide what happens next. They may cancel your ICO or revoke your parole, which means you may have to serve the rest of your sentence in custody.
If your breach of the conditions involves committing another offence, bail may be refused while your case is being finalised.
| OFFENCES | Custodial Sentence (Imprisonment) MAXIMUM PENALTY |
| Common Assault | 2 years |
| Assault With Intent To Commit A Serious Indictable Offence | 5 years |
| Assault Occasioning Actual Bodily Harm In Company | 5 years |
| Assault Occasioning Actual Bodily Harm | 7 years |
| Wounding or Grievous Bodily Harm With Intent | 25 years |
| Assault Against Police Officers | |
| Hinder, Resist or Incite Others To Hinder or Resist Police during Execution of Duty* | 12 months |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Police Officer during Execution of Duty* | 5 years |
| Assault Occasioning Actual Bodily Harm to a Police Officer during Execution of Duty* | 7 years |
| Wound or cause Grievous Bodily Harm to a Police Officer during Execution of Duty* or recklessly wounds or causes Grievous Bodily Harm to a Police Officer or Another Person | 12 years |
| Assault Against Police Officers During Public Disorder | |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Police Officer during Execution of Duty* | 7 years |
| Assault Occasioning Actual Bodily Harm to a Police Officer during Execution of Duty* | 9 years |
| Wound or cause Grievous Bodily Harm to a Police Officer during Execution of Duty* or recklessly wounds or causes Grievous Bodily Harm to a Police Officer or Another Person | 14 years |
| Assault Against Law Enforcement Officers Other than Police Officers | |
| Hinder, Resist or Incite Others To Hinder or Resist a Law Enforcement Office other than a Police Officer during Execution of Duty* | 12 months |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Law Enforcement Office other than a Police Officer during Execution of Duty* | 5 years |
| Assault Occasioning Actual Bodily Harm to a Law Enforcement Office other than a Police Officer during Execution of Duty* | 7 years |
| Wound or cause Grievous Bodily Harm to a Law Enforcement Office other than a Police Officer during Execution of Duty* or recklessly wounds or causes Grievous Bodily Harm to a Law Enforcement Office other than a Police Officer or Another Person | 12 years |
| Assault Against Law Enforcement Officers Other than Police Officers During Public Disorder | |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Law Enforcement Office other than a Police Officer during Execution of Duty* | 7 years |
| Assault Occasioning Actual Bodily Harm to a Law Enforcement Office other than a Police Officer during Execution of Duty* | 9 years |
| Wound or cause Grievous Bodily Harm to a Law Enforcement Office other than a Police Officer during Execution of Duty* or recklessly wounds or causes Grievous Bodily Harm to a Law Enforcement Office other than a Police Officer or Another Person | 14 years |
| Assault Against Third Parties Connected With Law Enforcement Officers | 5 years |
| Assault or Other Actions Against Frontline Emergency Workers | |
| Hinders, Obstructs or Incites Others To Hinder or Obstruct a Frontline Emergency Worker while on Duty* | 12 months |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Frontline Emergency Worker while on Duty* | 5 years |
| Assault Occasioning Actual Bodily Harm to a Frontline Emergency Worker while on Duty* | 7 years |
| Wound or cause Grievous Bodily Harm while on Duty* or recklessly wounds or causes Grievous Bodily Harm to a Frontline Emergency Worker or Another Person | 12 years |
| Assault or Other Actions Against Frontline Emergency Workers During a Public Disorder | |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Frontline Emergency Worker while on Duty* | 7 years |
| Assault Occasioning Actual Bodily Harm to a Frontline Emergency Worker while on Duty* | 9 years |
| Wound or cause Grievous Bodily Harm to a Frontline Emergency Worker while on Duty* or recklessly wounds or causes Grievous Bodily Harm to a Frontline Emergency Worker or Another Person | 14 years |
| Assault or Other Actions Against Frontline Health Workers | |
| Hinders, Obstructs or Incites Others To Hinder or Obstruct a Frontline Health Worker while on Duty* | 12 months |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Frontline Health Worker while On Duty* | 5 years |
| Assault Occasioning Actual Bodily Harm to a Frontline Health Worker while on Duty* | 7 years |
| Wound or cause Grievous Bodily Harm to a Frontline Health Worker while on Duty* or recklessly wounds or causes Grievous Bodily Harm to a Frontline Health Worker or Another Person | 12 years |
| Assault or Other Actions Against Frontline Health Workers During a Public Disorder | |
| Assault, Stalk, Harass, Intimidate or Throw a Missile at a Frontline Health Worker while On Duty* | 7 years |
| Assault Occasioning Actual Bodily Harm to a Frontline Health Worker while on Duty* | 9 years |
| Wound or cause Grievous Bodily Harm to a Frontline Health Worker while on Duty* or recklessly wounds or causes Grievous Bodily Harm to a Frontline Health Worker or Another Person | 14 years |
| Reckless Wounding | 7 years |
| Reckless Wounding In Company | 10 years |
| Reckless Grievous Bodily Harm | 10 years |
| Reckless Grievous Bodily Harm With Company | 14 years |
| Choking, Suffocation or Strangulation | 5 years |
| Choking, Suffocation or Strangulation Rendering Unconscious | 10 years |
| Choking, Suffocation or Strangulation With Intent To Commit Indictable Offence | 25 years |
| Assault Causing Death | 20 years |
| Assault Causing Death When Intoxicated | 25 years |
* Also applicable if the assault on the worker took place while they were not on duty and there is evidence that an assault was carried out because they are a frontline emergency/healthcare worker or as a retaliation or consequence of actions undertaken by the worker while on duty.
Information accurate for New South Wales as of January 2026.
Sources: Crimes Act 1900 No 40
Crimes (Sentencing Procedure) Act 1999 No 92
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Looking for information about bail, sentencing or facing additional charges? Click on the relevant topics to be taken to that page.
ASSAULT LAWYERS SYDNEY | ASSAULT CHARGES LAWYERS
Here are some of the articles our lawyers have written for people facing criminal offences such as assault, GBH, wounding and affray in New South Wales.
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Whether you are a child, young person or adult, SCB Legal will provide you with the best legal advice and representation. We have represented clients of all ages, in all types of matters and in a range of jurisdictions across Australia.
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Our lawyers represent clients for assault offences in these Courts across Greater Sydney:
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