In fact, the charge is prescribed under Section 61 of the Crimes Act which states that whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years. In the event that one gets convicted for common assault in the Local Court, the maximum penalty includes imprisonment of up to a year or a fine of up to $2200.00 or both.
In case you have been charged of
Common assault , you can opt for several defences which could lead to a not guilty verdict. Possible defences include any of the following: duress, necessity, self defence, wrongful identification and disputing the legitimacy of the charge based on legal technicalities. Duress denotes that you were compelled to commit common assault by the other person. It also implies a serious threat to you or your family which may include death or severe injury. The defence of necessity means that it was expedient and necessary for you to commit common assault. This is a bit tough and is typically applicable in cases wherein individuals believe that they would be killed or sustain serious injuries. Self defence can be raised in any type of assault offense. If the court is convinced that you simply acted to defend yourself, it will dismiss the charge filed against you. However, if you intend to rely on self defence, you must be fully aware of the law that relates to it. As for wrongful identification, it simply means that it was not you who carried out the assault.
On the part of police authorities, they must be able to prove the following arguments beyond reasonable doubt: you hit, used force or threatened the other party with immediate violence; you committed the act intentionally and without lawful excuse. It is also imperative for the police to prove that you were the one who actually committed the offence. With regard to the court that would hear the case, common assault is classified as a Table 2 offence which means that the Director of Public Prosecutions can choose to have the issue dealt with in the District Court. In case no election is made, then the case will be dealt with in the Local Court.
In the end, you need to hire the services of a criminal defence lawyer who has a wealth of experience in defending clients who have been charged with common assault. Your lawyer must be able to provide all information if you have a defence available that could give you a chance of getting a not guilty verdict. On the other hand, if you are pleading guilty to the common assault offence, then the lawyer must make sure your case receives utmost consideration and inform you about the penalty that you will receive.
