Assault Charges
What is an assault?
An assault is where one person either intentionally or recklessly applies force to another person or where one person intentionally or recklessly causes another person to apprehend that force will be applied. In both these circumstances, an assault will have occurred.
Using the above definition, if one A punches person B without their consent, person A would would be guilty of an assault. If person A pretended to punch person B and made person B flinch, person A would also be guilty of an assault.
Managing Partner Dribbin & Brown Criminal Lawyers Melbourne
Types of assault
Assaults fall into three distinct categories:
- Threatened or perceived violence – where no physical contact occurs.
- Physical touching without injury – contact is made, but no harm is caused.
- Assault causing injury – physical harm results. For the definition of “injury,” see the linked resource.
In Victoria, six distinct offences incorporate the term “assault” without requiring injury as an element of the crime:
- Assault (Crimes Act 1958, s31) – an indictable offence.
- Common Assault (Summary Offences Act 1966, s23) – also termed “unlawful assault,” a summary offence.
- Common Law Assault – not codified but referenced in the penalties under ss320 and 320A of the Crimes Act 1958. Note: this is distinct from “common assault” and carries a higher maximum penalty (indictable offence).
- Aggravated Assault (Summary Offences Act 1966, s24) – a summary offence.
- Assaulting Emergency Workers (Summary Offences Act 1966, s51) – involving no injury but specific to emergency workers (summary offence).
- Assaulting Registered Health Practitioners (Summary Offences Act 1966, s51A) – a summary offence targeting health practitioners.
In relation to assaults involving injury common examples are
- Recklessly Causing Injury
- Affray
- Recklessly Causing injury
- Intentionally Causing Injury
- Negligently Causing Serious Injury
- Intentionally Causing Serious Injury
- Recklessly Causing Serious injury in Circumstances of Gross Violence
- intentionally or recklessly causing injury, recklessly or negligently causing serious injury, affray and riot and this might be in relation to only one incident.
Although police may lay multiple charges, it is often the case that a number of the charges will be withdrawn as alternatives. Determining which charges are alternatives is always a job for an experienced assault lawyer.
Some assault charges, like those that involve an emergency worker where an injury has been caused, can lead to a mandatory prison sentence, so choose your lawyer wisely.
Why are multiple assault charges laid?
Different assault charges share common elements but may vary in severity or require proof of additional factors, such as injury or intent. Police often charge several offences to cover all potential legal outcomes based on the incident.
For instance, a single incident could result in charges for common assault, aggravated assault, and offences such as intentional or reckless injury, serious injury, affray, or even riot. These overlapping charges allow for flexibility in prosecution depending on the evidence.
Why have I been charged with different types of assault?
Certain charges have the same elements of assault but require the additional element of an injury or serious injury to be made out at law. As there are areas of overlap between offences, depending on the alleged incident circumstances, police may lay several different types of assault charges.
For example, police may lay charges such as common assault as well as an aggravated assault as well as intentionally or recklessly causing injury, recklessly or negligently causing serious injury, affray and riot and this might be in relation to only one incident.
Although police may lay multiple charges, it is often the case that a number of the charges will be withdrawn as alternatives. Determining which charges are alternatives is always a job for an experienced assault lawyer.
Some assault charges, like those that involve an emergency worker where an injury has been caused, can lead to a mandatory prison sentence, so choose your lawyer wisely.
Many lawyers do not understand the difference between the various assaults, the ramifications that might occur and, more generally, how to get the best outcome for their clients. Please don’t get caught out at court; make sure you engage lawyers who regularly handle these types of cases.
I want to plead not guilty to assault charges
Assaults are always treated very seriously by the courts. If you are in a position to plead not guilty, then this is in your best interests. You can avoid a penalty and keep your record clean. A common avenue when pleading not guilty is to rely upon the defence of self-defence in relation to assault offences. There are other defences available, but self-defence is the most common.
Other things to consider when looking at whether an assault can be defended are as follows:
- If the matter relates to the summary offence of common assault, has the charge been listed within 12 months of the offence date?
- Have the particulars of the charge been correctly laid?
- Did you act in self-defence or defence of another?
- Was the act intentional or accidental?
- Was there consent to the conduct?
Pleading not guilty in the Magistrates Court;
If you are pleading not guilty to assault charges in the Magistrates Court, upon receipt of the evidence and following negotiations with the prosecution by your lawyer, it is possible to have the matter withdrawn at the mention hearing or case conference, the contest mention or the contested hearing. The stage at which a matter may be withdrawn differs in every case. See pleading not guilty in the magistrates court for more information, or call our office for a consultation with one of our experienced criminal defence lawyers.
Pleading not guilty in the County Court
If you are pleading not guilty in the County Court, it means a couple of things. Firstly, you are facing very serious charges. Secondly, you are heading for a jury trial unless your lawyer can have the matter withdrawn at an earlier stage or can successfully make a summary jurisdiction application. Indictable matters destined for the County Court will start in the Magistrates’ Court at a filing hearing before proceeding to a committal mention and a committal hearing before being committed to the County Court for a jury trial. If you are listed in this jurisdiction, a plea of not guilty is much more complicated, and you must engage an experienced criminal lawyer immediately.
Can I get a diversion for assault?
It is possible to get a diversion for assault-related matters. For more information, see ‘What is a diversion?’ and ‘How to avoid a criminal record‘. To get a diversion in relation to a matter means that there will be no disclosable outcome. This involves taking responsibility for the offending, but in circumstances where your record is kept clean. Whether a diversion is appropriate in your circumstances can only be decided following consultation with an experienced criminal lawyer. If your criminal record is important to you, call our office today.
What happens if I plead guilty to assault charges?
If you plead guilty to assault charges, you are making a formal admission to the charges against you in court. This is an admission of guilt to the elements of the crime and dispenses the need for the prosecution to establish guilt. Before considering a plea of guilty, it is critical to understand the charges and the strength of the evidence against you.
If you intend to enter a guilty plea to assault charges, consider the following:
- While a guilty plea can be entered at any stage before the contested hearing, courts typically provide a more lenient penalty if a person pleads guilty at an early opportunity.
- Depending on the seriousness of the offence, you may receive a bond, a fine, a corrections order or a term of imprisonment. If you receive a bond, fine or a corrections order, this can be with conviction or non-conviction. In most circumstances, the full range of sentencing options will be available for assault offences. Every case is different, and the type of sentence imposed depends on the level of seriousness, whether the offender has a criminal history and whether the offence attracts a mandatory sentence or is subject to the standard sentencing scheme. See here for more on sentencing.
- Before court, your lawyer will determine the appropriate charges that should proceed. This is because the police will often lay charges for multiple offences, and you will only plead guilty to one or two. Which charges you plead guilty to is an important decision and must be carefully considered.
- At court, your lawyer will ensure that you plead guilty to only the appropriate charges and that the inappropriate ones are withdrawn.
- When pleading guilty to an assault charge, several factors could potentially mitigate your actions and, in some cases, remove any criminal culpability.
- If you receive a sentence you believe is unfair, you have a right to appeal the decision.
- Assault matters often involve multiple parties being charged. In many instances, police find it very difficult to prove matters concerning each defendant. What may seem straightforward usually isn’t.
The importance of engaging a specialist criminal lawyer to assist with a plea to charges involving violence cannot be overstated. Dribbin & Brown Criminal Lawyers are accredited by the Law Institute of Victoria as criminal law specialists, so you can be assured that when you engage us, you get the best representation.
Which court will I have to attend if I plead guilty?
The type of charge you face will determine whether your matter will be dealt with in the Magistrates Court, County Court or Supreme Court. If you are in the Magistrates Court, this is called the summary steam. If you are in the County or Supreme Courts, this is called the indictable stream. Your lawyer must understand the differences. Sometimes, matters that start in the indictable stream can be remitted back to the summary stream and vice versa.
How to avoid a conviction for assault charges
Being found not guilty is not the same as a magistrate or judge making a finding of guilt with non-conviction (i.e. without a conviction recorded). To understand the various ways to avoid a criminal record, see ‘How to avoid a criminal record‘. To understand how to avoid a conviction at court, please read on.
If you are pleading guilty to assault charges, you can be sentenced with or without conviction. Before 2021, this didn’t mean a lot because whether or not you received a conviction, you still received a criminal record.
With the introduction of the spent conviction legislation, that is no longer the case. This means that it is more important than ever to engage lawyers who understand how to make a non-conviction submission in court. If you are attending court for assault charges, ensure you engage lawyers who understand how to make a section 8 submission on conviction.
Dribbin & Brown Criminal Lawyers are well versed in making submissions in court to avoid a conviction. If having no conviction and ultimately no disclosable criminal record is important to you, you should engage one of our experienced criminal lawyers to represent you.
Why you need a lawyer for assault charges
Court can be intimidating, particularly for an unrepresented or first-time defendant. The court staff, prosecutors and magistrates are all unfamiliar, and none of them have your best interests at heart. If no one is there to protect your rights, how can you ensure you receive a just outcome?
The difference between engaging a lawyer and not engaging a lawyer could be the difference between having a record and going to gaol or being found not guilty. Don’t get caught out.
Why Dribbin & Brown Criminal Lawyers?
- Dribbin & Brown Criminal Lawyers have significant experience representing clients charged with assault offences.
- Our lawyers care about what happens to you and consider all factors relevant to getting you the best outcome.
- We have represented thousands of clients charged with assault offences over the years, and it is this experience that counts.
- All our lawyers receive training and attend professional development seminars to ensure they are always across the latest law.
- Don’t take our word for it. Read our Google reviews. All reviews are from clients choosing to share their experiences with our lawyers.
If you have been charged with assault, please select the office closest to you and contact us today.
Are you facing assault offence charges?
Dribbin & Brown Criminal Lawyers are expert assault lawyers who regularly appear in court representing clients charged with assault offences. We have assault lawyers located in the Melbourne CBD, Ringwood, Dandenong, Ballarat, Frankston, Geelong, Moorabbin, Werribee and Broadmeadows regions, and we routinely appear at both the Magistrates Court and County Courts near these locations, representing clients facing assault charges.
The consequences of a poorly handled case can be far-reaching. However, our understanding of the law and procedure and our experience and preparation will ensure you can get the best possible outcome at court. Our reviews support our claims, so call us to experience what Dribbin & Brown Criminal Lawyers can do for you.
The following information has been prepared to help you better understand the charges you are facing and the potential consequences. On the right side of the page (or at the end of the page if viewing from a mobile), we have listed all of the assault charges routinely laid by the police and, below, some answers to frequently asked questions. Please be aware you will often be facing multiple assault charges even in respect of one incident.
If you have been charged with assault, we urge you to call our offices today and arrange an appointment with one of our specialist criminal lawyers.
