Assault Lawyers Melbourne
Melbourne’s Expert Assault Lawyers, Ready To Advise
If you have been charged with assault, you need criminal lawyers who are ready to advise you on your next steps. These charges are often complex in nature and can have a significant impact on your livelihood in the future.
The team at Anthony Isaacs have over 40 years of experience with a range of offences under the Summary Offences Act 1966 and Crimes Act 1958. That is what makes us leading criminal defence lawyers. We strive to get you the best possible outcome, whether that is a dismissal of the charges, or significantly reduced sentence. Our team will be able to advise you on the best course of action to take with viable defences and will represent your case in Court.
Need Legal Advice for an Assault Offence?
If you need legal advice immediately, call us on 03 9034 7351
What is assault?
By definition, an assault is when a person commits an act of unlawful force against another, or threatens such an act, and putting the victim in fear. An accused person does not have to physically touch the victim to assault them. Therefore, an assault can also be committed by threatening behaviour.
Defences for assault
There are a number of defences to an assault charge. However, the viability of each is completely dependent on an individual’s circumstances in their case. Some of these include:
- 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 intention by the accused
- Self defence or defence by another
- In extreme cases, that the accused acted under duress
Common Charges For Assault
Threat & physical assault
Usually the police will charge the accused with making threats to cause serious injury or 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 the accused with causing injury intentionally or recklessly, as found in Section 18 of Crimes Act 1958.
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 a serious injury. In those instances, the police will charge the accused with causing serious injury intentionally or recklessly. If the accused causes the death of the victim, the accused may be charged with 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.
Why Choose Anthony Isaacs Criminal Lawyers?
Experience
Our experience with assault cases is extensive. With over 40 + years of experience in criminal defence, we know how to best advise our clients for the best outcome for their assault charges.
Reliable
We aim to take stress away from clients from the moment we provide our initial consultation. We help clients navigate through their offences and next steps. Our clear, straightforward and honest approach ensures the best outcome for you.
Success Rate
We have had a high success rate for clients with assault offences. We provide the most viable advice for each case and its circumstances.
Assault Defences
Some of the following defences for assault include;
- 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 do common types of assault charges and their penalties look like?
The penalty for assault in Victoria differs depending on the severity and seriousness of the assault. Typically, these can range from fines to terms of imprisonment. Less severe minor charges are being heard in the Magistrates’ local magistrates Court, and more severe charges are heard in the County Court.
Penalties depend on how defences are put forward and the circumstances of the individual. 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 have been charged with committing an assault with another person, you may be sentenced with up to 12 months of imprisonment. If you committed assault by kicking someone, or assault with a weapon, this could be up to 24 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 was 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.
- 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.
- 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.
Backed By Melbourne’s Trusted Criminal Defence Lawyers
Criminal lawyers, Anthony Isaacs have a wealth of experience in assault cases, having represented clients in a wide range of cases involving allegations of assault. They have a deep understanding of the law in this area, and have successfully defended clients against a variety of assault charges, including assault causing bodily harm, aggravated assault, common assault and more.
Our knowledge and experience allows us to effectively navigate the complex legal landscape of assault cases, working regularly with Melbourne’s leading senior barristers and QCs. If you have been charged with assault, you need a lawyer who knows how to make the most strategic decisions and manage your case, and Anthony Isaacs are Melbourne’s leading criminal lawyers that you need on your side.
Frequently Asked Questions
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.
Can I be charged with assault if I didn’t make physical contact with anyone?
In short, yes. There are a few different scenarios in which you could be charged with assault, even if you didn’t make physical contact with anyone. One example would be if you made threats of violence towards someone and they reasonably feared for their safety. Another example would be if you tried to physically strike someone but missed.
Can I go to jail for an assault charge?
Depending on the severity of your offence when convicted of assault, you could face imprisonment. A number of assault charges carry imprisonment as a penalty.
Get A Free Assessment For Your Assault Charge Today
Having the right legal representation is imperative when it comes to the nature of assault charges. Our experienced legal professionals at Anthony Isaacs will provide you with sound and trusted representation with these complex offences . Simply call our team on 03 9034 7351 and organise a free consultation today, or complete the contact form below, and our team will be in touch shortly.
