Assault Lawyers in Canberra, ACT

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Why Choose Andrew Byrnes Law Group for an Assault Charge

Assault charges turn on disputed accounts, witness reliability, and the often-decisive question of self-defence. Andrew Byrnes Law Group provides:

• Same-day advice on whether to provide a police interview
• Detailed review of body-worn camera, CCTV, and witness statements
• Self-defence and lack-of-intent arguments developed from the brief
• Bail applications addressing non-contact conditions where relevant
• Sentencing advocacy targeting section 17 non-conviction outcomes for first-offence matters
• Coordination with employer and licensing bodies where APS, WWVP, or professional registration is at risk

Serving Canberra and Surrounding Regions

Andrew Byrnes Law Group defends assault charges across Canberra, Queanbeyan, Goulburn, Yass, and surrounding regions. Call (02) 6210 1075 before your first court date.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.

Frequently Asked Questions

What is the difference between common assault and aggravated assault in the ACT?

Under the Criminal Code 2002 (ACT), common assault involves intentionally or recklessly applying force to another person, or causing them to apprehend immediate unlawful contact. Aggravated assault involves additional circumstances — such as use of a weapon, causing actual bodily harm (ABH) or grievous bodily harm (GBH), or targeting a protected category of person such as a police officer. Common assault carries a maximum of two years' imprisonment in the ACT Magistrates Court, while GBH with intent can attract potentially up to 20 years in the ACT Supreme Court.

Can I be charged with assault in the ACT even if the other person was not physically injured?

Yes. Physical injury is not a requirement for an assault charge in the ACT. An assault can occur without any physical contact at all — intentionally causing another person to apprehend immediate unlawful force is sufficient. If physical contact did occur, a charge can proceed regardless of whether the other person sustained any visible injury.

If the alleged victim does not want to proceed, will the assault charge be dropped?

Not necessarily. In the ACT, assault charges are prosecuted by ACT Policing or the Director of Public Prosecutions — not by the victim. A complainant's reluctance to participate is a factor considered by prosecutors, but police regularly continue with charges independently of the victim's wishes, particularly in domestic or family violence contexts. A lawyer can advise on how the complainant's position may affect the prosecution's case and explore any available options for resolution.

Is self-defence available as a defence to an assault charge in the ACT?

Yes. Self-defence is a recognised defence under the Criminal Code 2002 (ACT). The test requires that you genuinely believed your conduct was necessary to protect yourself or another person, and that the response was reasonable in the circumstances as you perceived them. Once self-defence is raised, the prosecution must disprove it beyond reasonable doubt. The strength of the argument depends heavily on the specific facts of your situation — contact Andrew Byrnes Law Group for a free initial consultation to assess your options.

What is a section 17 non-conviction outcome and how might it apply to my assault matter?

A non-conviction order under section 17 of the Crimes (Sentencing) Act 2005 (ACT) allows a court to find an offence proven but decline to record a conviction, instead releasing the person on a good behaviour order. This outcome is available for lower-level assault matters where the offender has no significant prior record and the circumstances are not seriously aggravated. Obtaining a section 17 outcome requires careful preparation — including character references, an account of the circumstances, and evidence of genuine remorse and a low risk of reoffending.