Common assault in New South Wales Common assaults are charged under s 61 of the Crimes Act 1900 and are usually dealt with by a Local Court; however, the prosecution can elect to have a common assault matter dealt with in the District Court. An assault is a common assault when it results in no injury, or in injuries that are not serious and require very little medical treatment. Common assault can also consist of a threat of violence, if the person making the threat had the ability to carry it out. A general threat that something might happen in the future is not enough to be an assault. If, however, the threat creates an immediate fear that continues, then it may constitute an assault. In New South Wales, common assault carries a maximum sentence of two years imprisonment. Read More About Assault Charges in New South Wales