Common Assault, Bodily Harm and Aggravated Assault

If you've been charged with an assault, from the most minor common assault to the most serious aggravated assault, you're facing an allegation of violence. A conviction for any assault has serious, long-lasting consequences. You need to talk to a criminal defence lawyer now.

What is meant by assault?

Assault generally means "touching without consent". It occurs when someone "applies force directly or indirectly" to another person, without that other persons consent. It can also occur where one person threatens to apply force to another person (e.g. "I'm going to punch you in the nose"), and the person being threatened reasonably believes that the person making the threat is going to carry out the threat.

Common assault

This is the most minor of the assault charges, and generally the most commonly laid. It occurs where there is an unwanted touching, but no bodily injury is caused. But don't be fooled by the use of the word "minor". A common assault is still a crime of violence, and a conviction can be ruinous.

Assault causing bodily harm and aggravated assault

Assault causing bodily harm is just what it says it is. The unwanted touching has resulted in bodily harm to the other person.

Aggravated assault occurs where the assault "wounds, maims, disfigures or endangers the life of the complainant".

In other words, whether you are charged with a common assault, assault causing bodily harm or aggravated assault all depends on seriousness and magnitude of the injury caused in the assault.

What are the penalties for an assault conviction?

As with most criminal offences, a conviction carries a permanent criminal record. However you're record will indicate that you have been convicted of a violent crime.

You're also facing fines, probation, and the restrictions you'll face by having a criminal record for violence (such as travel restrictions and being limited in certain employment opportunities).

The maximum penalty for common assault is five years. For assault causing bodily harm, the maximum penalty is ten years. And for aggravated assault, the maximum penalty is fourteen years.

How can you defend against an assault charge?

The most common defences to a charge of assault are consent (e.g. in a case where you are involved in a consensual fight), and self-defence. You may also have a defence if you are using force to defend someone under your protection from assault, so long as you use more force than is necessary to prevent the assault or repetition of it.

The bottom line

If you've been charged with any assault, talk to a criminal defence lawyer immediately. Explore your options with your lawyer. Find out if you have a defence to the charge, or if you can enter into a diversion program to avoid a criminal record.

Don't assume you'll be found guilty, or that you don't have a chance.