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Assault can mean more than just physical violence, and in New South Wales (NSW) a person can be charged with assault even if no physical harm occurs. NSW law recognises both physical assaults and threats of physical violence as long as they result in a person fearing immediate harm.

If you’ve been charged with assault, the police may arrest you and place you in custody. You may be eligible for bail – this will depend on the seriousness of the alleged offence, your criminal history, and the perceived risk of you committing further offences or interfering with witnesses.

Assault charges can have serious consequences, including reputational harm, a criminal record, or even jail time, so it’s important to seek legal advice early in the process.

In some cases where you’re facing criminal charges and being kept in custody, you may be eligible to apply for bail with the court. Conditions may apply, including (but not limited to): reporting to the police daily or weekly, surrendering your passport, not contacting certain people, curfews, wearing an electronic monitoring device, or surety – a financial bond paid by another person.

Your criminal lawyer will be able to explain your rights, help you prepare for the bail hearing, be your advocate for fair and reasonable bail conditions, and assess your eligibility to reapply for bail if needed.

In cases of domestic and family violence, an Apprehended Domestic Violence Order (ADVO) may be issued to protect a person from violence, threats, stalking, intimidation, or harassment by another person.

ADVOs apply in cases where a domestic relationship exists (including spouses and de facto partners, family members, people living in the same household, carers, people in an intimate/close relationship). If there’s no domestic relationship, an Apprehended Personal Violence Order (APVO) may be issued instead.

Both types of apprehended violence orders can be applied for by the police or by the person seeking protection. An ADVO is a civil order, which means it does not create a criminal conviction unless the order is breached, which is a criminal offence that can come with serious penalties.

Whether you’re seeking protection or responding to an application, it’s strongly recommended to get legal advice if you’re involved with an ADVO. Lawyers can represent and advise both the protected person and the defendant. They will explain your rights and obligations, represent you in court, negotiate consent orders, and help with any related criminal or family law matters.

While some traffic offences only result in fines or demerit points, when driving conduct is found to be dangerous, negligent or unlawful in a way that poses a threat to public safety or breaches specific traffic laws, the offences may be treated as criminal offences. Some common criminal driving offences include: drink and/or drug driving; driving while disqualified, suspended or unlicensed; negligent or dangerous driving; failing to stop after an accident; and street racing or hoon behaviour.

A criminal lawyer can help to assess any legal defences that may apply to your case and provide legal advice, as well as provide legal representation for you in negotiations or court.

Drug-related offences can have serious legal consequences, and the charges can range from minor to very serious, depending on the amount of drugs involved and the type of activity.

Common offences include:

• Possessing, using or administering a prohibited drug
• Supplying or trafficking drugs
• Cultivating prohibited plants and manufacturing of drugs
• Participating in or assisting with drug-related crimes
• Importing or exporting prohibited substances (under federal law)

Penalties and sentencing for drug offences depend on the type and amount of drug, the offence, the offender’s criminal history. The court may also consider whether the offender is remorseful and has taken steps towards rehabilitation. There are some cases, in particular for first-time or low-level offenders, where diversionary options are available, like intervention and treatment programs or conditional release orders.

If you’ve been charged with a drug offence, a lawyer can help you to understand the charges and explain the court process, as well as assess whether you may be eligible for diversion programs, negotiate with police or prosecutors, and provide you with legal representation in court.

Theft, or the unlawful taking of property, is mostly dealt with through local courts, but cases can escalate depending on what happened and the value or circumstances of the property involved. More serious offences, including large-scale theft, organised criminal activity, or stealing as an employee in a position of trust, may be taken to the District Court.

Possible penalties for theft can include a conditional release order, fines, community correction, or even imprisonment. If you’ve been charged with a theft offence, it’s important to get legal advice before deciding how you will plead. Even for a minor offence, guilty verdicts for theft can have long-term consequences.