What Offense is Actual Bodily Harm?

During 2019-2020, more than 400,000 people experienced some form of physical assault. However, there are many instances where anyone could be falsely accused or accused without any evidence.

Many people are unsure of the next steps when facing assault charges and unaware of what offences constitute bodily harm. It can be dangerous, especially in situations where assault occasioning actual bodily harm happens, and the accused is clueless.

Offences Constituting Actual Bodily Harm

Certain offences are chargeable under Crimes Act 1900. When an individual recklessly or intently causes grievous bodily harm, it can lead to common assault charges.

Common assault doesn’t need actual bodily harm to occur, and threats can constitute Common Assault under Section 61 of the Crimes Act 1990. For a valid case, the prosecution must establish that the guilty party has committed a guilty act with a guilty mind.

Common assault constitutes unwilling touching, where physical contact is made without their express consent and is uncomfortable for the victim. 

Actual Bodily Harm is a physical injury the victim receives that can be punishable under Section 59 and Section 35. There needs to be evidence of the physical assault taking place too.

Penalties and Punishment

If you have been charged with assault occasioning actual bodily harm, hiring a renowned criminal lawyer can go a long way in strengthening your case. With a reliable and experienced lawyer on your side, you will be able to build a solid case to protect your rights.

An individual can face up to two years behind bars when they are charged with common assault. In cases where serious bodily harm has occurred, the penalty and punishment can increase if you do not have a good lawyer fighting your case.

What You Should Do

In circumstances where you have been accused by a stranger or an acquaintance of serious bodily harm as a result of an assault, you should immediately hire a renowned criminal defense attorney to take care of your case. Find more Arizona Domestic Violence Attorneys easily online or by asking for recommendations.

You can exercise your right to remain silent. Meanwhile, your lawyer prepares a strong defence for you and ensures that your case is properly investigated.

Since common assault is not a common occurrence in Australia, you can expect the law to take the case seriously. You need a talented criminal lawyer by your side defending your case, to have the best chance of representing your side to the court. 

A capable criminal lawyer assists you in keeping the offence off your record and helps you avoid unnecessary fines and penalties.

Take Action Before It’s Too Late

If this is your first time being accused of bodily harm, you may be scared and unsure of your next steps. This is when you must consider getting in touch with an experienced and reliable criminal defence attorney. Once they look at your case details, they can advise you on the best course of action.

With a capable lawyer, you can feel at ease that your needs and safety will be taken care of and that you will not suffer any more than necessary.

As multiple laws cover bodily harm, you may not know what can be punished and what cannot. Criminal defense attorneys are experts in their field, and hence know exactly how severe the offence is and can use their expertise to build a solid case in your defense.