Will I go to jail for a first common assault charge?

Imprisonment is the maximum, not the usual outcome for a first offence. Courts have lesser options, including fines, good behaviour orders, community orders and, in some cases, an outcome without a recorded conviction.

Is common assault a criminal offence if no one was hurt?

Yes. Common assault does not require an injury. Threatening force, where the other person reasonably believes it will be carried out, can amount to assault, and in NSW section 61 of the Crimes Act 1900 applies to an assault "although not occasioning actual bodily harm".

Can the victim drop an assault charge?

Not directly. Police or the Director of Public Prosecutions decide whether to continue a prosecution, although the complainant's views are usually taken into account.

Where is an assault charge heard?

Most common assault and bodily harm charges are finalised in the Local or Magistrates Court. In NSW, both common assault (section 61) and assault occasioning actual bodily harm (section 59) are Table 2 offences under the Criminal Procedure Act 1986, dealt with summarily unless the prosecutor elects otherwise.

Is there a time limit to charge common assault?

It depends on the state. In Tasmania, a summary complaint for common assault under section 35 of the Police Offences Act 1935 must generally be made within 12 months of the offence. In Western Australia, a prosecution for common assault under section 313 of the Criminal Code can be commenced at any time.

Assault Charges & Penalties in Australia (By State)

Common assault carries a maximum penalty of between 1 and 3 years' imprisonment in most Australian states when dealt with as an ordinary offence, and assault causing actual bodily harm carries a maximum of between 3 and 7 years (10 years in Victoria where the injury is caused intentionally), rising where the assault is aggravated. The exact charge and maximum depend on the state's Crimes Act or Criminal Code, as set out in the table below.

If you have been charged, note the section number on the charge sheet or court attendance notice, the court and the first court date. Do not contact the complainant, and check any bail conditions or protection order that applies. A lawyer from our list of Criminal Lawyers in Australia can advise on the plea, the likely outcome and whether a non-conviction order is realistic.

What are the maximum penalties for assault in each state?

The table gives the maximum penalty for common assault and for assault causing bodily harm or injury, as at September 2026. Maximums are ceilings. Most sentences, especially for first offenders, are far lower.

State	Common assault	Assault causing bodily harm or injury	Aggravated or more serious forms
NSW	Crimes Act 1900 s 61: 2 years	s 59 assault occasioning actual bodily harm: 5 years (7 years in company)	s 35 reckless grievous bodily harm: 10 years (14 in company); reckless wounding: 7 years (10 in company)
Victoria	Summary Offences Act 1966 s 23: 15 penalty units or 3 months	Crimes Act 1958 s 18 causing injury: 5 years (recklessly), 10 years (intentionally)	Crimes Act 1958 s 31 assaulting an emergency worker on duty and similar assaults: 5 years
Queensland	Criminal Code s 335: 3 years (4 years if the offender advertises the offence on social media)	s 339 assault occasioning bodily harm: 7 years (9 with social media advertising)	s 339: 10 years if armed or in company; s 320 grievous bodily harm: 14 years
Western Australia	Criminal Code s 313: 18 months and a $18,000 fine	s 317 assault causing bodily harm: 5 years; 2 years and a $24,000 fine if dealt with summarily	s 313: 3 years if aggravated; s 317: 7 years if aggravated; s 297 grievous bodily harm: 10 years (14 if aggravated)
South Australia	Criminal Law Consolidation Act 1935 s 20(3): 2 years	s 20(4) assault causing harm: 3 years	s 20(3): 3 to 5 years if aggravated; s 20(4): 4 to 7 years if aggravated
Tasmania	Police Offences Act 1935 s 35: 50 penalty units or 18 months (summary)	Charged as the crime of assault (Criminal Code s 184) or wounding or causing grievous bodily harm (s 172)	s 35 aggravated: 100 penalty units or 3 years; crimes under the Criminal Code carry up to 21 years under s 389(3)
ACT	Crimes Act 1900 s 26: 2 years	s 24 assault occasioning actual bodily harm: 5 years	s 26: 3 years if aggravated; s 24: 7 years if aggravated; s 20 recklessly inflicting grievous bodily harm: 13 years
Northern Territory	Criminal Code s 188(1): 1 year	s 186 causing harm: 5 years	s 188(2) aggravated assault, including where the victim suffers harm: 5 years

In Tasmania, the Criminal Code does not set a separate maximum for each crime. Section 389(3) of the Criminal Code Act 1924 (Tas) sets 21 years as the general maximum, so the penalty actually imposed depends on the facts.

Common assault charge in NSW

A common assault charge in NSW is laid under section 61 of the Crimes Act 1900, which applies to an assault "although not occasioning actual bodily harm", with a maximum of 2 years' imprisonment. It is listed in Table 2 of Schedule 1 to the Criminal Procedure Act 1986, so it stays in the Local Court unless the prosecutor elects to take it to the District Court.

Assault charges in Queensland

Assault charges in Queensland are laid under the Criminal Code Act 1899. Common assault (section 335) is a misdemeanour with a 3-year maximum. Assault occasioning bodily harm (section 339) is a crime with a 7-year maximum, or 10 years if the offender was armed, pretended to be armed or was in company.

What types of assault charges are there?

Assault charges follow a ladder based on the harm caused and the circumstances. The main types, from least to most serious:

Common assault. Applying force, or threatening force the victim reasonably believes will be carried out, without consent. No injury is required.
Assault causing bodily harm or injury. An assault that causes some physical injury, such as bruising or cuts. Called "actual bodily harm" in NSW and the ACT, "bodily harm" in Queensland and Western Australia, "harm" in South Australia and the Northern Territory, and "injury" in Victoria.
Aggravated assault. An assault with an aggravating feature, such as being in company, using a weapon, or assaulting a police officer, emergency worker or frontline worker. Each state lists its own aggravating circumstances.
Wounding or grievous bodily harm. Wounding generally means breaking the skin, and grievous bodily harm means serious injury. These are serious indictable offences.
Assault with intent. Assault with intent to commit another crime or to resist arrest, such as section 31 of the Crimes Act 1958 (Vic) or section 317A of the Western Australian Criminal Code.

What happens to a first-time offender?

A first-time offender charged with common assault often receives a penalty well below the maximum, and courts in several states can find the charge proved without recording a conviction. The outcome depends on the facts, the injury, any plea of guilty, remorse, and the person's record and circumstances.

In NSW

Under section 10(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), a court that finds a person guilty can, without proceeding to conviction, dismiss the charge or discharge the person under a conditional release order. The court considers the person's character, antecedents, age, health and mental condition, the trivial nature of the offence and any extenuating circumstances. A conditional release order can also be made with a conviction under section 9.

In Victoria

A court can dismiss the charge without recording a conviction under section 76 of the Sentencing Act 1991 (Vic), or release the offender on an adjourned undertaking without conviction for up to 60 months under section 75. Before a plea, the Magistrates' Court can adjourn a matter for the accused to complete a diversion program under section 59 of the Criminal Procedure Act 2009 (Vic).

In Queensland

Under section 12 of the Penalties and Sentences Act 1992 (Qld), a court decides whether to record a conviction, having regard to the nature of the offence, the offender's character and age, and the impact of a conviction on the offender's economic or social wellbeing and chances of finding employment. Under section 19, the court can release the offender absolutely or on a recognisance to be of good behaviour for up to 3 years.

In Western Australia

Under section 46 of the Sentencing Act 1995 (WA), a court can impose no sentence if the offence is trivial or technical. Under section 45, a court can make a spent conviction order if it considers the offender unlikely to reoffend and the offence trivial or the offender of previous good character.

The other states and territories have their own sentencing Acts with their own non-conviction options. A lawyer can advise which apply and how likely they are on the facts.

How do you defend an assault charge?

An assault charge can be defended by challenging whether the prosecution can prove each element, or by raising a legal defence. The main defences are:

Self-defence. In NSW, section 418 of the Crimes Act 1900 provides that a person is not criminally responsible if they believed the conduct was necessary to defend themselves or another person and it was a reasonable response in the circumstances as they perceived them. In Queensland, section 271 of the Criminal Code covers self-defence against an unprovoked assault.
Consent. Force applied with consent, such as within the rules of a contact sport, is generally not an assault.
Identity or facts in dispute. The prosecution must prove beyond reasonable doubt that the accused applied or threatened the force.
No intent or recklessness. Most assault offences require the force to be applied intentionally or recklessly, so an accidental contact is usually not an assault.

Being on the other side of the case also has options. A person who has been assaulted can report it to police, apply for a protection order such as an apprehended violence order in NSW, and seek compensation through the state victims support scheme.

What else can follow an assault charge?

An assault charge often brings other legal steps alongside the case itself:

Bail. A person charged may be released on bail with conditions such as no contact with the complainant. The rules are explained in Bail in Australia.
Protection orders. Police can apply for an apprehended violence order or intervention order to protect the complainant, and it runs separately from the criminal charge.
A criminal record. A recorded conviction appears on a police check, which matters for employment, visas and licences.

When to speak to a criminal lawyer about an assault charge

Speak to a criminal lawyer before the first court date, and before any police interview if possible. Compare firms on our list of Criminal Lawyers in Australia, or go to a city list: Criminal Lawyers in Sydney, Criminal Lawyers in Melbourne, Criminal Lawyers in Brisbane or Criminal Lawyers in Perth. If cost is a barrier, check Legal Aid in Australia for the means and merit tests, and ask for the duty lawyer at court.

Assault Charges & Penalties in Australia