Charged With Assault? What Happens Next?

An argument, a fight or an attempt to defend yourself can lead to an assault charge. Suddenly, you may be facing court and worrying about your job, family and future.

Being charged is not the same as being found guilty. What happens next depends on the exact offence, the evidence and the circumstances.

What counts as assault in NSW?

Assault is not limited to punching or hitting someone. It can also involve conduct that intentionally or recklessly causes another person to apprehend immediate, unlawful violence, even without physical contact.

Charges range from common assault to offences involving actual bodily harm, wounding or grievous bodily harm. Different offences carry different consequences, so check the exact charge on your Court Attendance Notice.

Should you speak to police?

Get legal advice before answering police questions about the alleged incident, giving a statement or participating in an interview.

You may want to explain your side or clear up a misunderstanding, but what you say can be used as evidence.

You generally have a right to silence, although some information must be provided when legally required. Special rules can also apply to questioning about certain serious offences. A lawyer can explain your obligations and advise whether you should participate in an interview.

What happens after you are charged?

Your Court Attendance Notice identifies the alleged offence, the court and your attendance date. You may also receive a police facts sheet, bail conditions or documents relating to an Apprehended Violence Order (AVO).

Read these carefully. Do not ignore your court date or any conditions imposed on you.

Bail allows you to remain in the community while your case continues, subject to its terms. An AVO is separate from the criminal charge and may restrict contact with another person or prevent you from going to certain places.

You must comply with any bail conditions and AVO orders, even if you disagree with the allegations.

What happens at court?

Many assault matters begin in the NSW Local Court. At your first appearance, the court may consider your plea, bail, an adjournment or the next steps in the case.

If you plead guilty, the matter generally proceeds towards sentencing. If you plead not guilty, it may proceed to a hearing or trial, where the prosecution must prove the offence beyond reasonable doubt.

Do not plead guilty simply because you feel overwhelmed. Obtain advice so you understand the charge, the evidence and the consequences of your plea.

What if you were defending yourself?

Self-defence may be available if you believed your actions were necessary to defend yourself or another person, and your actions were a reasonable response in the circumstances as you perceived them.

Once self-defence is properly raised on the evidence, the prosecution must prove beyond reasonable doubt that you were not acting in self-defence.

The other person starting the fight does not automatically prevent you from being charged. Tell your lawyer what happened before, during and after the incident.

Being drunk does not automatically excuse an assault or provide a defence.

Can the charges be dropped?

Charges may sometimes be withdrawn, reduced or resolved through negotiations, depending on the evidence and circumstances.

However, the complainant cannot simply decide to “drop the charges”. Their views may be considered, but the decision rests with the prosecution.

Your lawyer can review the evidence and advise whether representations should be made.

What should you do before your court date?

Write down what happened while your memory is fresh. Include who was present, what was said, any injuries and whether witnesses or CCTV may be available.

Preserve relevant messages, photographs and recordings. Do not delete material because you think it looks embarrassing or damaging. Give your lawyer an honest account so they can properly advise you.

Follow your bail and AVO conditions, and get legal advice before contacting the complainant. Trying to “sort things out” directly could breach a condition or complicate your case.

Attend court when required. If you cannot attend, seek advice and contact the court promptly. If you cannot afford a private lawyer, publicly funded legal assistance may be available, depending on eligibility.

Need advice about an assault charge?

An assault charge can feel overwhelming, but getting advice early can help you understand the allegations, protect your rights and make informed decisions.

Lawgix can advise you about assault charges in NSW and guide you through the criminal court process.