Penalties & outcomes
Will I go to jail for common assault in NSW?
The short answer: Jail for a first-offence common assault is uncommon; fines, bonds and conditional release orders are the usual range, and a well-prepared matter can end without a conviction. Domestic-violence context, injuries or a record change the calculus quickly.
Maximum penalties
| Charge | Maximum |
|---|---|
| Common assault | Up to 2 years imprisonment (Local Court) |
| Assault occasioning actual bodily harm | Up to 5 years (higher maximums in company) |
| DV-context assault | Same maximums, but sentencing practice and consequences are tougher |
Maximum penalties are the ceiling for the worst category of case, not the likely outcome. Figures general as at publication; confirm current penalties with a lawyer.
What courts actually do
Most common assault matters resolve in the Local Court, where the realistic range for a first offender runs from dismissal to a supervised order. Custody enters the picture with injuries, weapons, domestic context or history.
Common assault is also one of the most commonly defended charges, because self-defence is a complete defence and the incident usually has a context the police version leaves out. We have won these at hearing, with costs.
Common questions
The other person hit me first, do I have a defence?
Quite possibly. Self-defence is a complete defence, and once raised the prosecution must disprove it beyond reasonable doubt. The history between the parties is often what makes it succeed.
Will an assault conviction affect my job?
It can, especially in licensed, security-cleared or professional roles. That is a strong reason to pursue either a defended hearing or a non-conviction outcome rather than a quick plea.
This page is general information about NSW law, not legal advice, and penalties change. For advice about your situation, contact us.
The earlier we start, the more we can do.
Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.