Assault

Do you need an assault lawyer in Melbourne?

By definition, an assault is committed when one person commits an act of violence against another, or threatens such an act putting the victim in fear. An accused person does not have to touch the victim to assault them. Therefore an assault can also be committed by threatening behaviour.

Threat & physical assault

Usually the police will charge the accused with making threats to cause serious injury to kill. Where there is a physical contact with the victim however, a range of offences are open to the police. For example a slap or even a punch that does not cause injury would be charged as an assault. Where there is an injury, even minor, the police will charge that the accused caused injury intentionally or recklessly.

Serious injury

The injury may be regarded as a serious injury. That is that a single injury is a serious one – for example a broken nose or a cut or wound of significance. Further, a combination of injuries can be serious injury. In those instances, the police will charge that the accused caused injury seriously or recklessly. If the accused causes the death of the victim, the accused may be charged with a range of offences including manslaughter and murder.

Fighting in public

Fighting in public, either as an individual or in a group, will result in a charge of affray or perhaps a lesser charge of behaving in a riotous manner.

Defences

• That the victim is not being truthful about what occurred
• That the victim is mistaken about what occurred
• Incorrect or lack of identity of the accused
• Lack of intension by the accused
• Self defence or defence by another
• In extreme cases, that the accused acted under duress

What is the penalty for assault in Victoria?

The penalty for assault in Victoria differs depending on the severity and seriousness of the assault. There are several types of assault in Victoria:

• Common Assault (also known as Unlawful Assault)
  • The penalty for common assault under the Summary Offences Act carries a maximum of 15 penalty units or three months imprisonment. 
• Aggravated Assault 
  • There are two kinds of aggravated assault; assaults against minors (children under 14) and women, and assaults that include kicking, weapons, or multiple people. For assaults against minors and women, the maximum penalty is 25 penalty units, six months imprisonment, and possibly a good behaviour bond. If you’ve been charged with committing an assault with another person, you may be sentenced with up to twelve months imprisonment. If you committed assault by kicking someone, or assault with a weapon, this could be up to twenty four months in prison.
• Intentionally or recklessly causing injury 
  • Intentionally or recklessly causing injury is an indictable offence in Victoria under section 18 of the Crimes Act 1958. While both offences sit within the same legislation, they are considered separate offences. The difference between recklessly or intentionally causing injury is distinguished by the circumstances of the offence.
    • Recklessly causing injury is when the accused had been aware that when the offence was committed that injury was probably or likely.
    • Intention in this offence is defined as meaning that the accused had intended to inflict injury generally, rather than a specific injury.
  • The maximum penalty for recklessly causing injury is 5 years imprisonment, while the maximum penalty for intentionally causing injury is 10 years imprisonment.

• Threatening to kill a person or inflict serious injury on a person
  • The above offences do not cover threats to commit such assaults. There are separate offences under the Crimes Act for threatening to inflict serious injury, or assault a person. Depending on the severity and seriousness of the threat, the offences can be punishable by up to ten years imprisonment.
• Indecent Assaults
  • Indecent assault in Victoria carries a maximum penalty of 10 years’ imprisonment and/or a fine or 1,200 penalty units. 

How long after an assault can you press charges in Victoria?

In Victoria under Section 23 of the Summary Offences Act, police can charge a person with a common assault or an aggravated assault for up to 12 months after the alleged offence. After that point, the limitation period has expired. 

For an indictable offence, such as Intentionally or Recklessly Causing Injury, Serious Injury, or Bodily Harm, and Indecent Assaults, there is no limitation period for laying a charge for the offence. This means police can charge a person with the assault years, or decades, after the alleged offence.

What should I do if I have been charged with assault?

If you have been charged with assault it is imperative that you seek the appropriate legal council as soon as possible. Our team have defended clients at both the Magistrate’s and County courts. We have unrivalled experience dealing with assault related offences. If you are a suspect or you have been charged with assault contact Anthony Isaacs today for an obligation free, confidential discussion.

Verified by Tom Isaacs

Bachelor of Laws with Honours – LLB(Hons)

Tom has been part of the firm for the past 10 years, working initially as a law clerk and now as a fully qualified Solicitor. He completed his Bachelor of Laws with Honours at Deakin University, and undertook his legal training at the Leo Cussen Institute where he was president of his class. Tom appears regularly at Magistrates’ Courts, both metropolitan and in regional Victoria. Tom is an expert in rape and sexual assault cases. If you need impartial advice, contact him today.