Common assaults are criminal actions that no victim deserves. Assaults can take on different forms – emotional abuse, sexual abuse, physical injury, and psychological injury. An assault is a non-consensual physical touch or action that creates fear of violence for the victim. Depending on the severity of the common assault, the charges and court proceedings may vary. However, for every victim, assault is a stressful and painful event.
The most common form of assault is physical bodily harm. Irrespective of the cause, if another person harms you – themselves or with a weapon – the court recognizes it as assault. All non-consensual and forced acts of violence are considered assaults. Moreover, if the person continues to assault or threaten you, it is your right to file a claim against them – provided you have experienced lawyers and enough evidence.
The severity of the cases depends upon the form of assault. While each form of assault creates a fear of violence, many of them result in serious bodily harm that may also require hospitalization. Hence, it traumatized the victim physically and emotionally, with the added costs of medical expenses. However, with the proper evidence and professional guidance of experienced lawyers, assault victims can demand justice and financial compensation.
What is common assault?
When a person attempts to threaten the victim with unlawful violence, it is considered a common assault. It can also involve events where the person hasn’t touched the victim. Many of these acts include
- harsh physical contact with the victim – also known as battery – this can include slapping, spitting, punching, or pushing
- Verbal threats of harm or unlawful violence
- Physical actions indicating unlawful violence – raising a fist, throwing something in their direction
- Restraining a victim against their will
The majority of common assaults will not include physical touch or actual bodily harm – hence, no severe injuries. Therefore, it may be difficult to provide medical evidence due to a lack of serious injuries. The victim must gather as much evidence as possible to support their case in court after they press charges.
What is the offence of common assault?
Common assault is a legally recognized offense under Section 26 of the Crimes Act 1900 (ACT), which states two years imprisonment and/or a $5500 fine. However, to begin the claim, police must provide sufficient evidence for the following –
- The offender created fear of immediate violence by indirect actions/threats or direct physical contact.
- Forced actions – There was intentional and unwanted physical contact with the victim
- The common assault was intentional or incautious.
To successfully prove the offender’s actions in court as common assault, the court must find enough evidence beyond a reasonable doubt regarding the stated instances.
The majority of common assault offenders, depending on severity, result in section 9 good behavior bond or section 10 bond. The section 9 bond implies that the offender must refrain from further offenses while the bond is active. However, while they last up to 5 years, section 10 bonds, or conditional release orders without conviction, can last up to 2 years. The bonds may impose other conditions on the offender, such as an unlawful entry in a stated area or mandatory programs.
If, in any case, the offender breaches the bond, the court may call them in for a more severe penalty.
What are the possible defenses to common assault?
When the court charges the offender with common assault, they can defend themselves by arguing with any of the following reasons –
- They committed the assault in self-defense
- The common assault was accidental
- Age – The offender was too young (under 14 years of age) to understand the severity of their actions/assault.
- Intent – The offender was under duress, which motivated the criminal offense.
Once the case opens in court, the offender may use one of these reasons to defend themselves. However, they will need to present sufficient evidence to the court to prove their reasoning behind the common assault.
What should I do if I have been assaulted?
The primary step after an assault is to file a case at the nearest police station around you. If you are a victim of severe bodily harm and need hospitalization, the hospital will contact the police to take your statement at the hospital. However, as the victim, you must document your injuries and medical records as evidence. This can be used in court against your offender to prove the assault and severity of your injuries. Moreover, the medical records and treatment costs will decide the financial compensation.
After you’ve laid the charges against your offender, the police will continue their investigation and prosecute the offender. If they are proven guilty, the court will move on to the compensation claim. However, whatever way the case unfolds, you need the expert guidance of a lawyer. It is crucial that you seek legal advice before pressing charges of common assault due to various factors that may impact the success of your case. If you are doubtful about any law, documents, or proceedings, meet with your lawyer and discuss the details.
What happens after I press charges?
The next step is to gather evidence to prove your case. This will include relevant details and any piece of printed or photographic evidence, and medical records, that your lawyer can show in court. We recommend that the victims obtain more than one medical opinion to further support their case. If your claim includes your loss of employment/income, you must prove that the assault has left you unable to continue your employment. Hence, if your claims are proven, you have the right to demand compensation for medical expenses and any loss of income caused by the assault.
Assaults, in any form, are traumatic events for the victim. Hence, the victim must report these incidents to the authorities to take strict action against the offender. While some cases of assault are fairly straightforward, others undergo tedious investigations and demand different pieces of evidence. Hence, you need the support of experienced legal professionals who can help you gain justice and win compensation.
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