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If you are facing a charge for assault occasioning actual bodily harm, you should obtain immediate legal advice. Under the Act, the maximum penalty for the offence is five (5) years imprisonment and if the actual bodily harm is caused with another person, the maximum penalty is seven (7) years imprisonment. Assault occasioning actual bodily harm is considered to be a serious offence and if found guilty, a conviction will usually be recorded. Our Criminal Lawyers have practiced extensively in assault matters and will be able to provide you with the legal advice and assistance you require.

Elements of the offence

In order for the offence to be made out, the police must prove the following:

  1. An assault took place;
  2. Significant injuries were sustained by the victim;
  3. The assault was committed intentionally or recklessly;
  4. The violence that was used; and
  5. The environment in which the assault took place.

As the offence suggests, the victim must have suffered actual bodily harm for the offence to be made out. This means that an injury has been suffered by the victim. The injury need not be permanent and may include broken skin. As mentioned above, you can be imprisoned for assault occasioning actual bodily harm and therefore, you should speak to a qualified Criminal Solicitor immediately if you have been placed under arrest for or have been charged with this offence.

Defences

There are a number of defences available for assault occasioning bodily harm. If you want to contest a charge for assault occasioning actual bodily harm, you should speak to an expert Criminal Lawyer. The Criminal Lawyers at Navado Lawyers & Solicitors are well versed in defending assault occasioning bodily harm charges and are experts in the field.

Examples of available defences are as follows:

  • Self-defence;
  • Lack of intent or recklessness in committing the assault;
  • It was necessary to occasion the actual bodily harm;
  • You were forced to commit the assault;
  • The injuries were not caused as a result of the assault; and/or
  • The injuries sustained do not constitute actual bodily harm.

For further information, you can contact our firm to book am initial consultation with one of our Sydney Criminal lawyers. During the consultation, our specialist Criminal Lawyers will look at your case and provide you with information about the steps involved in obtaining legal advice and if necessary, representation in Court. To book, please call (02) 9233 4048 or send an email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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