Common assault is defined as creating an apprehension or fear of immediate violence. This does not necessarily mean that a person needs to physically harm another person to commit a common assault. This is typically known as 'battery'. A typical common assault charge carries a 2 year maximum sentence of imprisonment. It can be further aggravated by the injury the alleged victim suffers. Consent is also important. For example, do you think a person can be guilty of common assault if the two people involved are playing a game of Rugby and one tackles the other within the rules of the game?
In relation to these types of offences, we will carefully scrutinise the alleged facts. This will heighten or lower the objective seriousness of the offence. For example, an assault that happens in a game of Rugby may be on the lower end of objective seriousness than if it were outside of a pub. The objective seriousness of the offence is one of the most important factors in deciding the sentence or punishment.
Our society regards a person as innocent until proven guilty. This is a simple way to summarise our criminal judicial system. However, a sexual offence carries a certain stigma where the mere allegation is enough to ruin a person's life. While in reality a person is innocent until proven guilty, this stigma can have some very serious consequences on a person's life.
RMB Lawyers understands that your legal problems are not too simple for a variety of reasons. Most of which are beyond your control. It is very important that a person facing such a charge has a lawyer who understands the reality of being charged with a sexual offence. We approach all our matters with empathy, integrity and confidentiality. We also know how to explain what it means to be innocent until proven guilty so, if the need comes, you can reiterate to whomever and preserve your reputation.