Overview of assault type charges
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in Australia, assault type charges are the most frequent criminal charges to be prosecuted in court alongside traffic offences. What differs assault type charges from traffic offences are that assault type charges all need to be dealt with in court and conviction of assault type charges have significant implications – in fact, domestic violence related assault charges may even lead to the cancellation of visas.
Generally, assault charges could be broken down into four major categories, namely: common assault, assault occasioning to actual bodily harm (ABH), assault occasioning to grievous bodily harm (GBH) and, finally, crimes resulting in deaths. This article focuses primarily on the 3 former, non-death related crimes.
Common assault is the most common type of assault charge to be laid by police officers and prosecutors. In fact, physical altercations would almost always lead to common assault charges being laid against the altercating party(ies).
The legal and evidentiary threshold of common assault are also very, very low. A simple (even gentle) push is all it takes for common assault to be established by the police prosecutor. Therefore, one should be extremely careful in the event of a dispute to never engage in actual physical altercation.
Fortunately, the extent of criminality of common assault is on the very low end of the spectrum. Consequently and with our expert assistance, most of our clients managed to resolve their common assault charges with dismissed charges and no conviction record.
ABH is more serious than common assault. In addition to the basic elements of common assault, ABH also requires the physical altercation to have resulted in real, actual injuries in the victim. Injuries include scratches, bruises, abrasions, minor bleedings etc
Although many of our clients who were charged with ABH still managed to have the charges dismissed and left behind no conviction records, it should be noted that ABH, of itself, is a very serious crime and should not be trivialised.
Should be face ABH charges, it is paramount for you to seek legal advice. The difference in the result you will achieve between having and not having a competent legal team in the face of ABH charges is significant and should not be taken lightly.
GBH is an extremely serious (if not one of the most serious) crime.
In fact, if you or your loved one is facing GBH charges, you would most likely be required to consider bail application first before even considering the best way to deal with the GBH charge. In these circumstances, you will need our expertise, experience and competency to deal with the charges with confidence.
Finally and if you are holding a visa (temporary as well as permanent residency visa), it may also be likely for your visa to be cancelled. Once again, this should not be taken lightly and you should contact us immediately.