Violence offending (assault)
"Assault" and violence offending cover a wide range of conduct, from a minor scuffle to serious violence. The charge - and the likely outcome - depends heavily on the circumstances and any injuries.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Assault and violence offending sit on a ladder of seriousness:
- Common assault (s9 Summary Offences Act 1981) - the least serious; no injury required.
- Assault with intent to injure (s193 Crimes Act 1961).
- Injuring with intent (s189 Crimes Act 1961).
- Wounding, or causing grievous bodily harm, with intent (s188 Crimes Act 1961) - the most serious, carrying up to 14 years.
Where the complainant is a female or child and the defendant is male, a male assaults female charge (s194) may be laid; in a family-violence context the charge is now often assault on a person in a family relationship (s194A).
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| Common assault, s9 Summary Offences Act 1981 | Up to 6 months / $4,000 |
| Assault with intent to injure, s193 Crimes Act 1961 | Up to 3 years |
| Injuring with intent, s189 Crimes Act 1961 | Up to 5–10 years, depending on the intent |
| Wounding / GBH with intent, s188 Crimes Act 1961 | Up to 14 years |
Outcomes vary widely. Many lower-level assaults are resolved without imprisonment, and sometimes without a conviction. But serious violence - wounding or grievous bodily harm - is treated very differently and carries a real risk of imprisonment. These figures are indicative only and current legislation should be checked.
Possible defences
- Self-defence or defence of another person (s48 Crimes Act).
- The assault did not occur, or the account is disputed or unreliable.
- Consent in limited circumstances, or accidental contact.
- Identity - you were not the person responsible.
The court process
Less serious assaults are dealt with in the District Court. More serious charges may carry the right to elect a jury trial. Early steps - bail conditions, disclosure, and exploring whether the charge can be reduced or resolved - often shape the outcome.
Reducing the consequences
- Seeking a discharge without conviction (s106) where appropriate.
- Negotiating a reduced charge where the evidence supports it.
- Diversion for genuinely minor, first-time matters.
- Completing counselling or a non-violence programme to support a better outcome.
Frequently asked questions
Will I go to jail for assault?
Many first-time, lower-level assaults are resolved without imprisonment - sometimes without a conviction. The risk of jail rises with the seriousness of the violence, any injuries, and your history.
Can I claim self-defence?
Possibly. The law allows reasonable force to defend yourself or someone else. Whether self-defence applies depends on what you genuinely believed the circumstances to be, and whether your response was reasonable.
The other person started it - does that matter?
It can. The context of an incident is relevant both to self-defence and to how the charge is resolved. Tell your lawyer everything about how it began.
Can I avoid a conviction for assault?
Sometimes - for example through a discharge without conviction or diversion in the right case. It depends on the seriousness of the assault and your circumstances.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
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