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Types of assault
There are several different types of assault that you may be charged with including:
- Unlawful assault, where you threaten, hit or spit at another person;
- Common assault, where you commit an act or threat of physical violence that makes someone fear harm;
- Aggravated assault, where you attempt to seriously injure someone with or without a weapon; and
- Sexual assault.
The prosecution must prove beyond reasonable doubt that you intentionally applied force or threatened someone with violence.
The less serious assault charges are called summary offences and may be heard in the Magistrates Court. Serious assault charges are called indictable offences and are heard in the County Court.