There are a number of offences that fall under the category of assault. In simple terms an assault is defined as the intentional application of force, directly or indirectly, to another person without that person’s consent. An assault may also take the form of an attempt or threat, by an act or gesture, to apply force to another person.
Whether you are charged with simple assault or assault causing bodily harm, building a strong defence team is one of the most important decisions you will make. Daniel Murphy and his team will work with you from day one to build the most effective defence to obtain the best possible results for your individual case.
These are charges of assault where there is no significant lasting injury.
Incidents that involve slaps, shoves, pushing, and light punches typically fall under this heading of assault. The use of a weapon or significant injury take an assault up from a simple assault to more serious charges as discussed below. There are many instances where assault charges were laid for incidents as minor as pushing and missing with a punch.
Assault with a Weapon
As the name of the charge implies this involves an allegation of an assault while using a weapon.
The definition of “weapon” is very loose and can include items which are generally not thought of as weapons. Like simple assault, a charge can be laid even if the complainant is not struck at all. For example, throwing an item at someone but missing could lead to a charge of assault with a weapon.
Assault Causing Bodily Harm
This charge relates to an assault which leads to the bodily harm of an individual.
In order to be found guilty of this type of assault there does not have to be an intention to cause the specific type of injury that was caused, but merely an intention to cause non-trivial or non-trifling injury. The charge can also be proven if a reasonable person in the circumstances should have foreseen the risk of non-trivial or non-trifling harm that would be caused by their actions.
A charge of this type may negate the defence of consent as the law states that a person cannot consent to bodily harm.
This charge relates to an assault which results in the wounding, maiming, or disfiguring of a person or the endangering of a person’s life.
This type of assault requires a specific factual finding to be made by the court in order for a conviction to be found. Similar to assault causing bodily harm there does not need to be an intention to cause the specific injury to an individual for this charge to be made out.
Consent is not a defence to aggravated assault.