Assault Charges in NSW | Your Defence Advocates

What is Common Assault? 

Common Assault is a criminal offence pursuant to section 61 Crimes Act 1900 (NSW) 

Common assault is an assault that does not occasion actual bodily harm. The offence captures both unlawful physical contact and conduct that makes a person fear immediate and unlawful violence—even if there is no physical contact. The maximum penalty is 2 years’ imprisonment.

In plain terms: pushing, grabbing, slapping, or a threat that creates immediate fear can be charged as common assault if the legal elements are met.

What the Prosecution/Police Must Prove 

To convict you of common assault, police must prove beyond reasonable doubt that you:

• Intentionally or recklessly applied unlawful force to another person or caused them to apprehend (fear) immediate and unlawful violence; and
• You acted without lawful excuse (for example, not in self-defence).

If injuries are alleged, police may consider more serious charges (such as AOABH), but s 61 itself does not require actual bodily harm.

Penalties & likely outcomes

A conviction for common assault exposes you to penalties up to 2 years’ imprisonment, but sentencing is fact-specific. Depending on the seriousness and your personal circumstances, the court has a range of options, including:

• Conditional Release Order (CRO) — with or without conviction (a “no-conviction” CRO is possible in appropriate cases).
• Community-based orders and, in more serious cases, Intensive Correction Orders (ICO) as an alternative to full-time custody.

If a plea is ultimately entered, timing can matter: NSW courts apply a sentencing discount for the utilitarian value of a guilty plea under the Crimes (Sentencing Procedure) Act 1999.

Defending a common assault charge

Every brief and situation is different, but common strategies include:

• Self-defence — your conduct was a reasonable response in the circumstances as you perceived them.
• Duress or necessity — you acted under threats or to avoid serious harm.
• Consent — in limited contexts.
• Identification / factual dispute — the incident didn’t occur as alleged, or you weren’t the person involved.
• No intent / accident — the mental element (intent or recklessness) is not proved.

We test the police case line-by-line, preserve and analyse CCTV/body-worn footage, retrieve messages and call logs, obtain medical records where relevant, and—where appropriate—negotiate to discontinue or downgrade the charge before hearing.

What to do now

1. Get advice early. What you say (or don’t say) in a police interview and how you manage bail can shape the outcome.
2. Preserve evidence. Keep photos of any injuries/clothing, screenshots of messages and missed calls, and the names of potential witnesses.
3. Follow any bail or AVO conditions strictly. Breaches can create fresh charges and harm your primary case.
4. Let us review the brief. We’ll assess defences, identify overcharging, and advise whether to defend, negotiate, or resolve—timing this to protect your position on sentence and any discount.

What Assault Police Officer means in NSW

Being accused of assaulting a police officer is serious. It can affect your freedom, work, travel and reputation. At Your Defence Advocates (YDA) we move quickly to protect your rights, preserve the evidence that helps you, and build a strategy—whether that means defending the charge, negotiating a downgrade, or pushing for the most lenient outcome the law allows.

Under section 60 of the Crimes Act 1900 (NSW) it’s an offence to assault, throw a missile at, stalk, harass or intimidate a police officer in the execution of duty. Penalties increase if there’s injury or if the incident occurs during public disorder. There’s also a related offence of hindering or resisting police.

The offence can apply even if the officer is off-duty, where the act is carried out because of something the officer did while on duty, or because they are a police officer.

What is “assault”? In NSW, assault covers both unlawful physical contact and causing someone to fear immediate unlawful violence—no contact needed. This general definition explains why lower-level contact (or even threats) can still be charged.

Elements the prosecution must prove

To convict you of assault police, the prosecution must prove beyond reasonable doubt that:

• the victim was a police officer;
• the act occurred while the officer was in the execution of duty (or it was done because of their duty/status); and
• you assaulted / threw a missile at / stalked / harassed / intimidated the officer.

If “assault” is alleged, the usual elements apply: intentional or reckless conduct, without consent and without lawful excuse (e.g., not self-defence)

Examples the police often charge as “assault police”

• Push, shove, grab or spit at an officer during an arrest or street interaction (even if no injury).
• Throwing an object (e.g., cup/phone) toward police.
• Threats or gestures that cause an officer to fear immediate unlawful violence.
• Scuffles leaving bruising/scratches (ABH).

Each case turns on the evidence, not labels.

Defences we assess

• Self-defence — a reasonable response in the circumstances as perceived.
• Not in execution of duty — officer acting outside lawful duty.
• Identification/factual dispute — the incident didn’t occur as alleged/you weren’t involved.
• No intent / no recklessness / lawful excuse; Duress or Necessity in appropriate cases.

We move quickly to secure body-worn video/CCTV, phone data and medical records and to make representations where a withdrawal or downgrade is justified.

Penalties & Outcomes 

Depending on seriousness and personal factors, courts can impose non-custodial or custodial outcomes, including Conditional Release Orders (CROs), Community Correction Orders (CCOs), Intensive Correction Orders (ICOs), fines or imprisonment. Early guilty pleas attract a statutory discount; timing should be strategic.

What to do now

1. Get advice before interview. What you say can shape the result.
2. Preserve evidence — photos/videos, BWC/CCTV requests, messages/call logs, witness details.
3. Comply with bail/AVO conditions — breaches create new offences.
4. Have us review the brief early to identify defences, challenge “execution of duty”, and plan negotiations or a defence hearing.