Common assault allegations are some of the most frequently charged offences in NSW. Police often act quickly — sometimes based on limited or one-sided accounts — and once a charge is filed, the matter will proceed even if the other person does not want to continue with the complaint.
If you have been charged with common assault, or told that police want to speak with you about an incident, you should get legal advice immediately. What you say or do in the early stages can heavily influence the outcome.
At Lenz Legal, we act only for the accused. You are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt.
Common assault is defined under section 61 of the Crimes Act 1900 (NSW). It covers a wide range of conduct — including situations where no physical contact occurs. An assault can involve:
Importantly, no injury is required for common assault. Many cases involve disputed movements, accidental contact or misunderstandings in fast-moving situations.
Common assault can occur in a variety of settings, including public places, workplaces, social events or neighbourhood disputes. Unlike domestic-relationship matters, a common assault charge outside the DV context does not automatically trigger an AVO, mandatory risk assessments or DV-specific police responses.
For the domestic-violence version of this offence, see Common Assault – DV.
To establish the offence of common assault, the prosecution must prove each of the following elements beyond reasonable doubt:
Police must prove either:
The law does not require pain, marks or injury. A raised hand, sudden movement or heated gesture may be misunderstood by bystanders or complainants.
Identity must be supported by reliable evidence — not assumptions, inference or an unclear account of events. Identification issues arise frequently when:
Police must prove:
Not every tense or unpleasant exchange meets this threshold.
The prosecution must show you intended the act or were reckless as to whether your conduct would cause fear or contact. Accidental movements or defensive gestures do not meet this requirement.
If even one element is not proven, you must be found not guilty.
We regularly see common assault charges arise from fast-moving, confusing or emotionally charged situations in public or social settings. Common scenarios include:
Police may charge based on incomplete or inconsistent accounts, or where they feel pressure to “err on the side of caution” in public-place incidents.
For related public-fear offences, see (Affray).
Police commonly rely on:
Allegations often depend on interpretation, not objective evidence. Common issues include:
A strong defence involves carefully testing each piece of evidence, identifying inconsistencies, and comparing statements with available footage.
Depending on the circumstances, the following defences or strategies may apply:
Where you acted to protect yourself or another person, and your response was reasonable in the circumstances.
Unintentional or incidental contact does not amount to assault.
Where the conduct was not capable of causing a reasonable fear of violence.
Unclear CCTV, inconsistent witness accounts or poor lighting may undermine allegations.
Where the allegation is denied and evidence does not support the complainant’s account.
Where you were forced to act under threat.
Common assault charges are frequently:
Strong negotiation often occurs once the evidence is fully analysed.
For matters where injury is alleged, see (Assault Occasioning Actual Bodily Harm).
Common assault carries a maximum penalty of 2 years imprisonment.
Realistic outcomes vary widely and depend on:
Most common assault charges — especially those with no injury — resolve without a conviction.
For comparisons with DV-labelled versions, see Common Assault – DV.
Getting advice early can:
When you come to Lenz Legal, you will deal directly with a criminal defence lawyer who will:
Our focus is on achieving the best outcome for your circumstances.
For detailed guides on related offences, see:
(Assault Occasioning Actual Bodily Harm)
(Affray)
(Reckless Wounding)
(Threaten or Cause Fear of Harm)
(Stalk or Intimidate)
(Contravene AVO)
No. Injury is not required. Many common assault charges involve no physical contact.
Yes. Conduct causing a reasonable fear of immediate violence can amount to assault.
Common assault is prosecuted by the State. Police may consider the complainant’s views but do not act on them alone.
Accidental or incidental contact does not meet the legal definition of assault.
Not always. Many matters resolve without conviction depending on your circumstances and the evidence.
Get legal advice before speaking to police or attending court.
Contact Lenz Legal to discuss your situation and next steps.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
Let us help now
