Trusted Professional Assault Lawyers in Melbourne

An assault charge can carry significant legal and personal consequences, particularly where injury is alleged. Anthony Isaacs Criminal Lawyers provide experienced representation in Melbourne courts, ensuring that your position is properly assessed and your defence prepared with precision.

Trusted Professional Assault Lawyers in Melbourne

Melbourne’s Experienced Assault Lawyers

If you have been charged with assault, it is important to obtain legal advice as early as possible from experienced assault lawyers in Melbourne. Charges can range from relatively minor allegations to more serious matters involving injury. How the case is handled in its early stages can significantly affect the outcome.

The team at Anthony Isaacs have over 40 years of experience with a range of criminal 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.

Assault Charges in Victoria

Assault offences in Victoria range from threats to cause harm through to offences involving significant injury or death. The charge laid by police depends on the nature of the conduct, the level of injury and the surrounding circumstances.

Threats and Physical Assault

Police may charge an accused with making threats to kill or to cause serious injury. Where there is physical contact, a range of offences may apply. For example, a slap or punch that does not cause injury may be charged as common assault. Where injury is caused, even if minor, the accused may be charged with intentionally or recklessly causing injury under section 18 of the Crimes Act 1958 (Vic).

Serious Injury

An injury may be regarded as serious where a single physical damage is significant, such as a broken nose or a substantial wound. A combination of injuries may also amount to serious injury. In such cases, police may lay charges of intentionally or recklessly causing serious injury. Where conduct results in death, more serious offences including manslaughter or murder may be considered. Assault charges may also arise during the commission of other offences, including robbery offences.

Fighting in Public

Fighting in public, whether individually or as part of a group, may result in charges of affray or, in less serious cases, behaving in a riotous manner.

These examples illustrate the range of conduct that may give rise to an assault charge. The precise classification of the offence, the extent of any injury and the surrounding circumstances will determine how the matter proceeds through the court system and the penalties that may apply. At this point, consultation with experienced assault lawyers becomes critical to ensure that the charge is properly analysed and your position clearly understood.

In Melbourne, assault matters are commonly heard in the Magistrates’ Court and often involve evidence such as Victoria Police body-worn camera footage and CCTV from licensed venues. Careful and considered legal advice assists in clarifying the seriousness of the charge and the options available in response.

Penalties for Assault Offences in Victoria

The penalty for assault in Victoria depends on the specific charge and the seriousness of the conduct. Less severe cases are generally heard in the Magistrates’ Court, while more serious indictable assault charges are heard in the County Court.

Common Assault (Unlawful Assault)

Common assault under the Summary Offences Act carries a maximum penalty of 15 penalty units or three months’ imprisonment.

Aggravated Assault

Aggravated assault may include assaults against minors (children under 14), assaults against women, or assaults involving kicking, weapons or multiple offenders.

For assaults against minors or women, the maximum penalty is 25 penalty units or six months’ imprisonment, and the court may also impose a good behaviour bond. Where the assault involves another person acting together with the accused, the maximum penalty may be 12 months’ imprisonment. Assault by kicking or assault with a weapon may attract a maximum penalty of up to 24 months’ imprisonment.

Intentionally or Recklessly Causing Injury

Intentionally or recklessly causing injury is an indictable offence under section 18 of the Crimes Act 1958 (Vic). Although contained within the same legislative provision, they are distinct offences.

Recklessly causing injury arises where the accused was aware that injury was probable or likely. Intentionally causing injury requires proof that the accused meant to inflict injury, though not necessarily a specific injury.

The maximum penalty for recklessly causing injury is five years’ imprisonment. The maximum penalty for intentionally causing injury is ten years’ imprisonment.

Threats to Kill or Cause Serious Injury

Separate offences exist under the Crimes Act 1958 (Vic) for threatening to kill or to inflict serious injury. Depending on the seriousness of the threat and the surrounding circumstances, these offences may be punishable by up to ten years’ imprisonment.

Indecent Assault

Indecent assault carries a maximum penalty of ten years’ imprisonment and/or a fine of up to 1,200 penalty units. Certain allegations involving sexual conduct may fall within the broader category of sexual assault offences under Victorian law.

What Happens After You Are Charged with Assault?

If police lay charges, you will receive a charge sheet or summons outlining the allegations.

Your matter will usually be listed for a first mention in the Magistrates’ Court. Wherein some cases, assault allegations may also arise in the context of family violence matters. At that stage:

• The charges are formally confirmed
• Bail conditions may be considered or varied
• A timetable is set for the next stage of the proceeding

An assault charge is not a conviction. The early stages of the case are procedural and provide an opportunity to obtain the brief of evidence and assess the prosecution case.

Police Interview Process and Your Rights

In some matters, police will request a recorded interview either before or after charges are laid.

You have the right to remain silent and the right to obtain legal advice before participating in any interview.

Statements made during a police interview may later be relied upon in court. Once made, they cannot simply be withdrawn.

Obtaining legal advice prior to answering questions ensures that you understand the elements of the offence and the potential consequences of any admissions.

Court Process and Timeline

Most assault matters commence in the Magistrates’ Court.

Depending on the seriousness of the charge, the matter may:

• Resolve through negotiation or withdrawal
• Proceed to a summary case conference
• Be determined at a contested hearing before a Magistrate
• Be committed to the County Court if the offence is indictable

The duration of the proceeding depends on the complexity of the evidence and whether the charge is contested.

Understanding the procedural pathway assists in making informed decisions at each stage of the case.

Defences to Assault Charges

The appropriate defence depends on the particular allegations and the available evidence. The viability of any defence will depend on the circumstances of the case and the way the prosecution case is put.

In many matters, the central issue is whether the prosecution can establish each legal element of the offence beyond reasonable doubt.

Depending on the allegations, defences and issues may include:

• Self-defence, or defence of another, where the conduct was reasonable in the circumstances as the accused perceived them.
• Lack of intent or recklessness, where the prosecution cannot prove the required mental element for the charge laid.
• Identification issues, including mistaken identification, weak identification evidence, or evidence inconsistent with the accused being the offender.
• Credibility and reliability issues, including where the complainant is not truthful, mistaken about what occurred, or their account is inconsistent with other evidence.
• Disputing the extent or cause of injury, including whether injuries are consistent with the alleged conduct or whether they may have occurred in another way.
• Duress, in rare cases, where the accused acted under threats that left no reasonable alternative.

A careful review of the brief of evidence is required, including witness statements, medical evidence and any CCTV, body-worn camera footage or other digital material.

Possible Outcomes in Assault Matters

Assault charges do not automatically result in imprisonment.

Depending on the circumstances, possible outcomes may include:

• Withdrawal of charges
• Diversion for eligible first-time offenders
• A plea resulting in a fine or community-based order
• A contested hearing resulting in acquittal

Where the allegation involves significant injury or there is a substantial prior history, more severe penalties may apply.

An early and realistic assessment of the evidence allows you to understand the likely range of outcomes.

What Should You Do Now?

If you have been charged or are under investigation for assault, the steps taken in the early stages are important.

To protect your position:

• Avoid contacting the complainant or witnesses, particularly where police or the court may impose intervention orders restricting contact.
• Preserve relevant messages or other evidence
• Do not discuss the matter publicly or online
• Obtain legal advice before your next court appearance or interview

Once immediate steps have been addressed, the next consideration is the quality and experience of the legal representation managing your matter.

Why Choose Anthony Isaacs Criminal Lawyers?

Extensive Experience

With over 40+ years in criminal defence, our assault lawyers have represented clients across a wide range of cases. Based in Melbourne and experienced in Victorian criminal law, we understand how these charges are prosecuted and how best to advise clients to achieve the most favourable outcome.

Reliable Representation

We aim to reduce stress from the moment of the initial consultation. Clients are guided clearly through their charges and the next steps. Our straightforward and honest approach ensures that you remain properly informed throughout the process.

Proven Results

We have achieved strong outcomes for clients facing assault offences. Each matter is assessed individually, and practical advice is provided based on the specific circumstances of the case.

Backed by Melbourne’s Trusted Criminal Defence Lawyers

Anthony Isaacs Criminal Lawyers have successfully defended clients against a variety of assault charges, including assault causing bodily harm, aggravated assault and common assault. Our knowledge of this area of law allows us to navigate the complexities of assault proceedings with precision.

We work regularly with Melbourne’s leading senior barristers and KCs. If you have been charged with assault, it is important to have representation that understands the strategic decisions required to properly manage your case.

Get A Free Assessment for Your Assault Charge

Assault allegations should be approached with care. The first step is to review the evidence and understand the options available.

Anthony Isaacs Criminal Lawyers regularly represent clients facing assault charges and are familiar with how these matters are prosecuted and determined in Victoria. Having the right legal representation is important in matters of this nature.

If you require advice or representation, you may:

• Arrange a confidential consultation
• Bring any documents received from police
• Refrain from participating in further interviews without legal advice

To speak with our office, call 03 9034 7351 or send us an email to arrange a consultation, or complete the contact form below and our team will respond to you shortly.

Obtaining legal advice from assault lawyers experienced in the Melbourne courts at an early stage assists in ensuring that your position is properly considered and protected.

Frequently Asked Questions

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 Magistrates’ 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.

For further information, visit our general FAQ page.

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.