Assault generally includes battery although assault and battery are separate crimes. An assault is any act which intentionally or recklessly causes another person to apprehend immediate unlawful violence. An assault can be committed without touching another person. The act must be a hostile one. An assault can be committed recklessly where the accused foresees the likelihood of inflicting injury or fear and ignores the risk.
Battery is the intentional or reckless application of direct force to the person of another. It must be made in an angry, revengeful, rude, insolent, or hostile manner.
Common assault carries a maximum penalty of two years jail. Assault occasioning actual bodily harm carries five years. When, maliciously inflict grievous bodily harm with intent, is charged there must be specific intent. The penalty for maliciously inflicting grievous bodily harm is seven years.
It is an offence to resist or wilfully obstruct police in the execution of their duty, punishable by imprisonment for a maximum period of 5 years. For the offence of assaulting, stalking or intimidating a police officer in the execution of his duty where no actual bodily harm is inflicted the maximum penalty is five years. Where a police officer is assaulted in the execution of his duty and he suffers actual bodily harm the maximum penalty is five years and the standard non-parole period is three years. For the offence of malicious wounding or inflicting grievous bodily harm on a police officer whilst in the execution of his duty, the maximum penalty is 12 years.
It is an offence to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offence or to prevent or hinder the arrest of any person or any investigation. The maximum penalty is 12 years or if a company, 15 years. It is an offence to shoot at or attempt to discharge a loaded firearm at any person with intent to resist the lawful arrest of any person. Penalty is 25 years.
As assault is a serious offence, it is important that you seek the advice and representation of Lex Fori Lawyers to uphold your rights.