Assault charges
If you’re facing an assault charge, having a criminal lawyer on your side will be a significant help
If you’re charged with assault, a criminal lawyer can make a big difference to how the charges are handled. It’s essential to get legal advice in serious cases, especially if imprisonment is a possibility.
We’re expert criminal lawyers in Adelaide, representing clients throughout South Australia. With significant experience and success in representing clients who are facing assault charges, we can help you, too.
Having some knowledge is an excellent starting point for every client, so here’s some important information about assault charges and how criminal laws operate in South Australia.
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Frequently asked questions about assault charges in South Australia
What is an assault?
It is a crime to assault another person.
The offence of assault happens when a person intentionally:
- Applies force to another person (the victim) without their consent. For example, they physically hurt the victim; or
- Threatens to apply force to (physically hurt) the victim without their consent.
Are you facing an assault charge? Contact us to find out more about how we can help.
What is an aggravated assault?
Under South Australian criminal laws, “aggravated assault” means the offence is more serious than a “basic assault”.
An offence of assault becomes an aggravated assault if:
- A weapon was used, or
- The victim was a law enforcement officer (for example, a police officer), or
- The victim was under the age of 12 years or over the age of 60 years, or
- The victim was the spouse or child of the accused, or
- The victim was vulnerable due to a disability or impairment.
Are you facing an assault charge? Contact us to find out more about how we can help.
What are the penalties for assault?
Penalties for an assault depend on the seriousness of the offence.
Any offence of assault, whether aggravated or basic, is considered serious and can potentially lead to a penalty of imprisonment.
Penalties for aggravated assault offences are usually more severe than penalties for basic assault offences.
Are you facing an assault charge? Contact us to find out more about how we can help.
What if I acted in self-defence?
Acting in self-defence is a defence to an assault charge. However, this is only where your actions were necessary, reasonable and proportionate to the threat faced. “Proportionate” means that your actions were in balance with the threat you were facing. It will depend on the circumstances.
What should I do if I’m arrested or charged with an assault?
If there’s an allegation of assault against you, the police will speak with you. If they consider you a suspect, they may either:
- Arrest you, or
- Report you, meaning a Summons will be issued with a Court date.
Whether you’re arrested or reported, you have the right to remain silent and not answer any questions about the incident.
As a suspect, you must give the police your:
- Full name
- Date of birth, and
- Home address.
Sometimes, you’re also legally required to answer specific questions. Failing to do so may be an offence.
If you’re unsure whether you’re required to answer a police question, you can ask them whether you’re legally required to answer that question before responding.
Whether you’re arrested or reported, assault charges are serious. We recommend speaking with an experienced criminal defence lawyer as soon as possible.
What to do next
Assault is a serious offence, and imprisonment is possible, so we recommend you get legal advice before you enter a plea to the charge. (This is when you tell the Court whether you’re guilty or not guilty of the assault charge).
An experienced criminal lawyer can help you:
- Work out whether you have a defence to the charge
- Understand what evidence is needed to defend the charge
- Negotiate with the prosecution.
If you plead guilty, a criminal lawyer can work out what to tell the Court to mitigate the circumstances of the offending. This means explaining your situation so the Court may consider reducing any penalty.
We’re experts in criminal law assault charges in South Australia. We can help you with affordable, steady guidance and trusted advice. Get in touch to learn more.