If you’ve been charged with assault, the prosecution has to prove beyond a reasonable doubt that the defendant had intended to assault the victim as well as actually carrying out the action. This could be punching someone else in anger, or even when no physical contact has occurred but the victim believes there is a real possibility a threat will be carried out.
The two main defences to assault are what is accepted as part of normal social interaction, such as certain sporting injuries, and self defence. However, there are numerous factors to determine if the charge can be resolved or finalised.
The penalty will depend on the type of assault you have been charged with:
- Basic assault – maximum 2-3 years imprisonment
- Aggravated assault – maximum 3-4 years imprisonment
- Aggravated assault with a weapon– maximum 4-5 years imprisonment
- Causing harm – between 15 and 25 years depending on seriousness of charge
There are many ways to resolve an assault charge. Make an appointment with a lawyer at Hume Taylor & Co today to explore what options are available to you.
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