We understand this category of offences well, can advise you of the defences available and utilise techniques to manage your case through the Court process.
The term ‘assault’ is often used generically, in a non legal sense to describe a variety of conduct against a person, from threats of imminent contact to a crime of violence. In law, it is defined as the direct or indirect application of force by a person to another, without lawful excuse.
The less serious forms of assault are common assault and aggravated assault. Common assault can include a threat to another which causes that person to fear imminent contact. Aggavated assault is common assault with an aggravating feature, such as the age or gender of the victim; if the assault is made in company with others; or by kicking.
The more serious offences of assault are:
- Section 16 – Causing serious injury intentionally
- Section 17 – Causing serious injury recklessly
- Section 18 – Causing injury intentionally or recklessly
- Section 24 – Negligently causing serious injury
- Section 31 – Assault
Like many other crimes, the prosecution must prove both the physical (threat to apply force or application of force) and mental (intention, recklessness and, for particular offences, negligence) elements of the offence beyond reasonable doubt.
Legal defences which are common to assault and related offences include self defence, defence of another and necessity. At Lewenberg and Lewenberg, we have acted for many clients charged with these types offences. We understand this category of offences well, can advise you of the defences available and utilise techniques to manage your case through the Court process.