Assault Lawyer Sydney
Assault charges range from a push or a threat to serious wounding, and the consequences range from a dismissal without a conviction to a lengthy prison sentence. If you have been charged with assault, an experienced assault lawyer in Sydney can test the evidence, raise defences such as self-defence and, where appropriate, argue for the most lenient outcome available.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 30 October 2026.
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Assault offences and maximum penalties in NSW
Assault offences are mainly found in the Crimes Act 1900 (NSW). The maximum penalties are:
Common assault, not causing actual bodily harm: 2 years imprisonment (s 61).
Assault occasioning actual bodily harm (AOABH): 5 years, or 7 years in company (s 59).
Assaulting a police officer in the execution of duty, without actual bodily harm: 5 years (s 60(1)). Hindering or resisting police carries 12 months or 20 penalty units (s 60(1AA)).
Recklessly causing grievous bodily harm: 10 years, or 14 years in company (s 35(1), (2)).
Recklessly wounding: 7 years, or 10 years in company (s 35(3), (4)).
Wounding or causing grievous bodily harm with intent: 25 years (s 33(1)).
These are maximum penalties. Most assault matters are dealt with in the Local Court, which cannot impose more than 2 years imprisonment for a single offence (Criminal Procedure Act 1986 (NSW) ss 267, 268).
Which court will deal with an assault charge?
Common assault, AOABH and assaulting police are Table 2 offences: they stay in the Local Court unless the prosecution elects to have them dealt with on indictment. Reckless grievous bodily harm and reckless wounding are Table 1 offences, which stay in the Local Court unless the prosecution or the accused elects otherwise (Criminal Procedure Act 1986 (NSW) Sch 1). More serious offences, such as wounding with intent, are dealt with in the District Court.
Domestic violence assault charges
An assault against a person with whom you have or had a domestic relationship is a domestic violence offence and is recorded as such (Crimes (Domestic and Personal Violence) Act 2007 (NSW) ss 11, 12). Police will usually also apply for an ADVO, and if you are charged with a serious offence the court must generally make an interim order (s 40). See our AVO lawyer Sydney page.
Defences to assault charges
Self-defence. You are not criminally responsible if you believed your conduct was necessary to defend yourself or another person, or to protect property, and it was a reasonable response in the circumstances as you perceived them (Crimes Act 1900 (NSW) s 418). Once self-defence is raised, the prosecution must prove beyond reasonable doubt that you were not acting in self-defence (s 419).
Identification and evidence. CCTV, body-worn video, phone footage, medical records and inconsistencies in witness accounts can undermine the prosecution case.
Consent and accident. Contact in sport or in an accident may not be an assault.
Duress and necessity, in limited circumstances.
Avoiding a criminal conviction
If you plead guilty or are found guilty, the court may in appropriate cases dismiss the charge, or make a conditional release order, without recording a conviction (Crimes (Sentencing Procedure) Act 1999 (NSW) s 10). A conditional release order can last up to 2 years (ss 9, 95). Strong sentencing material, such as references, counselling or anger management reports and evidence of your work and family responsibilities, can make the difference.
How our assault lawyers can help
Advising you before any police interview.
Applying for bail or varying bail conditions.
Negotiating with police to have charges withdrawn or downgraded, or the facts amended.
Running a defended hearing, including self-defence.
Preparing sentence material to seek a section 10 or other lenient outcome.
As expert criminal defence lawyers, we appear in the Local Courts at Downing Centre, Bankstown, Parramatta, Newtown, Burwood, Waverley, Manly, Liverpool and Campbelltown, the District Courts at Sydney, Parramatta, Campbelltown and Newcastle, and the Supreme Court in Sydney. See also our criminal law and criminal defence lawyers Sydney pages.
How much does an assault lawyer cost?
Local Court guilty plea: from $2,200 incl. GST
Local Court defended hearing: from $5,500 incl. GST
Local Court or District Court bail application: from $3,300 incl. GST
Police station attendance: $660 incl. GST (Sydney) or $1,210 incl. GST (outside Sydney)
Matters in the District Court are quoted on the scope of work involved. Fixed fees are solicitor fees only and exclude Counsel fees and other disbursements, which are set out in your costs agreement. Every client receives a written costs agreement before we commence any work, as required under the Legal Profession Uniform Law (NSW). We offer a free 15-minute Express Consultation and a free 30-minute Initial Consultation, in person at our Marrickville office or by video.
Call our office on 02 8553 0500 or book online. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.
This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
Talk to a lawyer today. Call 0410 600 230 (24/7) or 02 8553 0500, book a free consultation, or email info@invictuslegal.com.au.
Frequently asked questions
What is the penalty for common assault in NSW?
The maximum is 2 years imprisonment (Crimes Act 1900 (NSW) s 61). Many first offenders receive a non-custodial outcome, and in appropriate cases no conviction is recorded.
What is assault occasioning actual bodily harm?
An assault that causes an injury that is more than transient or trifling, such as bruising or a cut. The maximum penalty is 5 years, or 7 years in company (s 59).
Can I avoid a conviction for assault?
Possibly. The court can dismiss the charge or make a conditional release order without recording a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW), depending on the circumstances.
How does self-defence work in NSW?
You are not criminally responsible if you believed your conduct was necessary for defence and it was a reasonable response in the circumstances as you perceived them. The prosecution must disprove self-defence beyond reasonable doubt (ss 418, 419).
Will an assault charge go to the District Court?
Most assaults stay in the Local Court. More serious offences, or matters where the prosecution elects, go to the District Court.