This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Aggravated Assault
In NSW there is no specific offence of “aggravated assault”. However, there are a number of different assault type offences that can be aggravated by various factors.
If an offence is aggravated, then all things being equal you would expect a harsher penalty to follow. This may mean that you are sentenced to full-time imprisonment rather than receiving a suspended gaol sentence, or that you are convicted where you might otherwise have been dealt with without a conviction being recorded.
What Assault Offences Can Be Aggravated.
Any assault offence can be aggravated, but the most common examples are:
- Common assault
- Assault occasioning actual bodily harm
- Reckless wounding
- Recklessly Inflict Grievous Body Harm
- Assault police
Will I Get A Criminal Record from An Aggravated Assault Charge?
A criminal conviction is very likely unless the court is convinced that they should exercise their discretion not to convict you of the offence.
What Actions Might Aggravate An Assault Charge?
There are a long list of factors that can aggravate a charge of assault. In many ways, the list is limited only by your imagination. That said, there are a few common examples:
- if have a criminal record for similar offences
- if the offence is in a domestic violence context
- if you were in a position of authority over the victim
- if there were particularly serious injuries as a result of the assault
- if you used a weapon
- if you committed the offence in breach of bail, parole, or an AVO
Can I Pay A Greater Fine to Avoid Being Convicted?
No, it is not possible to bargain with the court that you would pay a larger fine to avoid a criminal conviction. If the court deals with you under section 10 there will be no fine, but there may be court costs.
Do Police Need To Prove The Aggravating Feature?
Yes. If police allege a particular fact that they say calls for a tougher penalty, and if you deny that fact, then police need to prove it beyond a reasonable doubt.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.