If you have been charged with assault, having access to the right legal advice is incredibly important.
With extensive criminal defence expertise within the State of Victoria, our criminal defence lawyers are best placed to fight in your corner and ensure that your rights are protected at every stage.
This information is intended as a general guide only. If you have been charged with (or think you may be about to be charged with) an offence, you should seek legal advice as soon as possible. Click here to get in touch with our expert criminal defence team today.
Our expert criminal defence lawyers will meet with you, review the evidence against you, and provide you with comprehensive advice about your prospects of successfully defending the charges.
If the charge or any aspect of the evidence against you is to be challenged, our expert criminal defence lawyers will guide you through the criminal justice system, and defend your rights at every step.
If, following consultation, you decide to plead guilty to an assault charge, our expert criminal defence lawyers will robustly negotiate the most favourable plea position possible, and ensure that the Court is properly advised of all the matters in mitigation that can be put on your behalf. Our team of criminal defence lawyers will work tirelessly to ensure you receive the lowest possible sentence for the offence to which you plead guilty.
What is an assault?
Under Victorian law, an assault can include any use, or threat of, force or physical contact against another person without their consent. The types of assault charges which can be brought by the authorities include but are not limited to:
- Common assault
- Assault
- Recklessly or intentionally cause injury
- Recklessly or intentionally cause serious injury
- Negligently cause serious injury
- Reckless conduct endangering serious injury or life
- Intentionally cause serious injury (in circumstances of gross violence)
Understanding the seriousness of an assault charge, and the nature of the evidence against you, requires examination by an experienced criminal defence lawyer.
Click here for more information about each type of assault charge.
What are the penalties for assault?
Depending on the type of charge with which you are faced, the penalties for offences against the person can vary. At times, there can be significant consequences for a person’s liberty, financial implications, and consequences for current employment or future employability (in relation to the recording of a conviction).
If you are found guilty or plead guilty to an assault offence, the penalties can potentially be serious. The Courts will take into account the details of the assault, including whether any weapons were involved, the severity of any injuries caused and the existence of any mitigating or aggravating factors.
The following penalties are common in relation to assault charges in Victoria:
- A monetary fine
- A Community Corrections Order (‘CCO’)
- An adjourned undertaking (otherwise referred to as a ‘Good Behaviour Bond’)
- A term of imprisonment
- Diversion
Whatever the particular circumstances of your case, the consequences of an assault conviction can be life-changing. If you have been charged with assault, it is critical to seek legal advice as early as possible to give yourself the best chance of a favourable outcome.
Common assault
Section 23 of the Summary Offences Act 1966 (Vic)
What is “common assault”?
Common assault is a summary offence, which means it will be heard and determined in the Magistrates’ Court.
In order for the prosecution to prove the offence, they must prove beyond reasonable doubt that:
- The accused unlawfully assaulted or beat another person.
The maximum penalty for this offence is 15 penalty units, or imprisonment for three months.
Will I be found guilty?
If you have been accused or charged with this offence, it is critical that you speak with one of our expert criminal defence lawyers at the earliest opportunity.
Click here to get in touch with our expert criminal defence lawyers.
Our criminal defence lawyers will meet with you, review the evidence against you, and provide you with comprehensive advice about your prospects of successfully defending the charges.
If the charge or any aspect of the evidence against you is to be challenged, our expert criminal defence lawyers will guide you through the criminal justice system, and defend your rights at every step.
If, following consultation, you decide to plead guilty to an assault charge, our criminal defence lawyers will robustly negotiate the most favourable plea position possible, and ensure that the Court is properly advised of all the matters in mitigation that can be put on your behalf. Our team of criminal defence lawyers will work tirelessly to ensure you receive the lowest possible sentence for the offence to which you plead guilty.
Which court will I be tried in, and what sentence could I face?
Because unlawful assault is one of the least serious classes of assault offences, it will be heard in the Magistrates’ Court. However, the maximum penalty is still serious - if found guilty, you could face up to 15 penalty units, or a sentence of up to three months imprisonment, and the recording of a conviction can be made.
Recklessly causing injury
Section 18 of the Crimes Act 1958 (Vic)
What is “recklessly causing injury”?
Recklessly causing injury is an offence under section 18 of the Crimes Act 1958 (Vic), it is an offence which is capable of being determined in the Magistrates’ Court.
In order for the prosecution to prove the offence, they must prove beyond reasonable doubt that:
- The alleged victim suffered an injury;
- That the accused person recklessly caused the alleged injury; and
- That the accused acted without lawful justification.
The maximum penalty for this offence is imprisonment for five years.
Will I be found guilty?
If you have been accused or charged with the offence of recklessly causing injury, it is critical that you speak with one of our expert criminal defence lawyers at the earliest opportunity.
Click here to get in touch with our expert criminal defence lawyers.
Our criminal defence lawyers will meet with you, review the evidence against you, and provide you with comprehensive advice about your prospects of successfully defending the charge.
If the charge or any aspect of the evidence against you is to be challenged, our expert criminal defence lawyers will guide you through the criminal justice system, and defend your rights at every step.
If, following consultation, you decide to plead guilty to a charge of recklessly causing injury,, our expert criminal defence lawyers will robustly negotiate the most favourable plea position possible, and ensure that the Court is properly advised of all the matters in mitigation that can be put on your behalf. Our team of criminal defence lawyers will work tirelessly to ensure you receive the lowest possible sentence for the offence to which you plead guilty.
Which court will I be tried in, and what sentence could I face?
The charge of recklessly causing injury is an offence which is ordinarily tried and determined in the Magistrates’ Court.
The sentence imposed will depend on the seriousness of the offence, the existence (or lack) of prior criminal history, and the mitigating and aggravating matters which exist in your case.
Every case is unique, and requires unique preparation and tailored advice. When meeting with one of our expert criminal defence lawyers, the evidence will be examined, the surrounding circumstances will be assessed, and you will be provided with specialist advice as to the likely outcome of your case.
Intentionally causing injury
Section 18 of the Crimes Act 1958 (Vic)
What is “intentionally causing injury”?
Intentionally causing injury is an offence under section 18 of the Crimes Act 1958 (Vic), it is an offence which is capable of being determined in the Magistrates’ Court.
In order for the prosecution to prove the offence, they must prove beyond reasonable doubt that:
- The alleged victim suffered an injury;
- That the accused person caused the injury;
- That the accused person caused the injury intentionally;
- That the accused acted without lawful justification.
The maximum penalty for this offence is imprisonment for ten years.
Will I be found guilty?
If you have been accused or charged with the offence of intentionally causing injury, it is critical that you speak with one of our expert criminal defence lawyers at the earliest opportunity.
Click here to get in touch with our expert team.
Our expert criminal defence lawyers will meet with you, review the evidence against you, and provide you with comprehensive advice about your prospects of successfully defending the charge.
If the charge or any aspect of the evidence against you is to be challenged, our expert criminal defence lawyers will guide you through the criminal justice system, and defend your rights at every stage.
If, following consultation, you decide to plead guilty to a charge of recklessly causing injury,, our expert criminal defence lawyers will robustly negotiate the most favourable plea position possible, and ensure that the Court is properly advised of all the matters in mitigation that can be put on your behalf. Our team of criminal defence lawyers will work tirelessly to ensure you receive the lowest possible sentence for the offence to which you plead guilty.
Which court will I be tried in, and what sentence could I face?
Intentionally causing injury is usually tried as a summary offence in the Magistrates Court. However, in some circumstances, it can be handed up to the jurisdiction of the County Court. If found guilty, you could face a maximum sentence of ten years imprisonment.
The sentence imposed will depend on the seriousness of the offence, the existence (or lack) of prior criminal history, and the mitigating and aggravating matters which exist in your case.
Every case is unique, and requires unique preparation and tailored advice. When meeting with one of our expert criminal defence lawyers, the evidence will be examined, the surrounding circumstances will be assessed, and you will be provided with specialist advice as to the likely outcome of your case.
Recklessly causing serious injury
Section 17 of the Crimes Act 1958 (Vic)
What is “recklessly causing serious injury”?
Recklessly causing serious injury is an offence under section 17 of the Crimes Act 1958 (Vic),
It is a very serious offence, for which you will require the assistance of an expert criminal defence lawyer, in order to provide you with advice to plead not guilty or guilty. It requires a thorough and detailed examination of the evidence sought to be led against you, and that case will require thorough preparation and appearances on your behalf at Court.
Because of the seriousness of this charge, it is often heard in the County Court of Victoria - though can be heard in the Magistrates’ Court of Victoria.
In order for the prosecution to prove the offence, they must prove beyond reasonable doubt that:
- The alleged victim suffered a serious injury;
- That the accused person caused the serious injury;
- That the accused person caused the serious injury recklessly;
- That the accused acted without lawful justification.
The maximum penalty for this offence is imprisonment for fifteen years.
Will I be found guilty?
If you have been accused or charged with the offence of recklessly causing serious injury, it is critical that you speak with one of our expert criminal defence lawyers at the earliest opportunity.
Click here to get in touch with our expert team.
Our expert criminal defence lawyers will meet with you, review the evidence against you, and provide you with comprehensive advice about your prospects of successfully defending the charge.
If the charge or any aspect of the evidence against you is to be challenged, our expert criminal defence lawyers will guide you through the criminal justice system, and defend your rights at every stage.
If, following consultation, you decide to plead guilty to a charge of recklessly causing injury, our expert criminal defence lawyers will robustly negotiate the most favourable plea position possible, and ensure that the Court is properly advised of all the matters in mitigation that can be put on your behalf. Our team of criminal defence lawyers will work tirelessly to ensure you receive the lowest possible sentence for the offence to which you plead guilty.
Which court will I be tried in, and what sentence could I face?
Because of the seriousness of this charge, it is often heard in the County Court of Victoria - though can be heard in the Magistrates’ Court of Victoria. If found guilty or pleading guilty to this charge, you could face a maximum sentence of up to 15 years imprisonment.
If the alleged victim is an emergency worker on duty (for example, a police officer or paramedic), the offence becomes even more serious in relation to consequences for the accused person, which can involve mandatory terms of imprisonment.
The sentence imposed will ultimately depend on the seriousness of the offence, the existence (or lack) of prior criminal history, and the mitigating and aggravating matters which exist in your case.
Every case is unique, and requires unique preparation and tailored advice. When meeting with one of our expert criminal defence lawyers, the evidence will be examined, the surrounding circumstances will be assessed, and you will be provided with specialist advice as to the likely outcome of your case.
Intentionally causing serious injury
Section 16 of the Crimes Act 1958 (Vic)
What is “intentionally causing serious injury”?
Intentionally causing serious injury is an offence under section 16 of the Crimes Act 1958 (Vic).
It is a very serious offence, for which you will require the assistance of an expert criminal defence lawyer, in order to provide you with advice to plead not guilty or guilty. It requires a thorough and detailed examination of the evidence sought to be led against you, and that case will require thorough preparation and appearances on your behalf at Court.
Because of the seriousness of this charge, it is heard in the County Court of Victoria, following a committal process in the Magistrates’ Court of Victoria.
In order for the prosecution to prove the offence, they must prove beyond reasonable doubt that:
- The alleged victim suffered a serious injury;
- That the accused person caused the serious injury;
- That the accused person caused the serious injury intentionally;
- That the accused acted without lawful justification.
The maximum penalty for this offence is imprisonment for twenty years.
Will I be found guilty?
If you have been accused or charged with the offence of intentionally causing serious injury, it is critical that you speak with one of our expert criminal defence lawyers at the earliest opportunity.
Click here to get in touch with our expert team.
Our expert criminal defence lawyers will meet with you, review the evidence against you, and provide you with comprehensive advice about your prospects of successfully defending the charge.
If the charge or any aspect of the evidence against you is to be challenged, our expert criminal defence lawyers will guide you through the criminal justice system, and defend your rights at every stage.
If, following consultation, you decide to plead guilty to a charge of recklessly causing injury, our expert criminal defence lawyers will robustly negotiate the most favourable plea position possible, and ensure that the Court is properly advised of all the matters in mitigation that can be put on your behalf. Our team of criminal defence lawyers will work tirelessly to ensure you receive the lowest possible sentence for the offence to which you plead guilty.
Which court will I be tried in, and what sentence could I face?
Because of the seriousness of this charge, it is heard in the County Court of Victoria - following the committal process in the Magistrates’ Court of Victoria. If found guilty or pleading guilty to this charge, you could face a maximum sentence of up to 20 years imprisonment.
If the alleged victim is an emergency worker on duty (for example, a police officer or paramedic), the offence becomes even more serious in relation to consequences for the accused person, which can involve mandatory terms of imprisonment.
The sentence imposed will depend on the seriousness of the offence, the existence (or lack) of prior criminal history, and the mitigating and aggravating matters which exist in your case.
Every case is unique, and requires unique preparation and tailored advice. When meeting with one of our expert criminal defence lawyers, the evidence will be examined, the surrounding circumstances will be assessed, and you will be provided with specialist advice as to the likely outcomes of your case.
As a result of the seriousness of this charge, it is critical that you speak with one of our criminal defence lawyers urgently.
Interviewed by the police? Speak with a lawyer.
If you have been arrested and/or interviewed by police, we encourage you to give our team a call. At a bare minimum, you deserve to know you’re rights and get advice on your next steps.
Sarah Condon.
Principal Lawyer.
