The terminology can be very confusing when examining types of assaults. One type of assault can carry a far more serious maximum penalty than another, though the offences may sound very similar.
There are two general classes of offences in Victoria: indictable offences and summary offences. Two different assault charges, although they might sound similar, can be either summary or indictable in nature and it is important to understand the difference.
Assaults can fall into three categories:
- Assault based on threatened or perceived violence;
- Assault that results in physical touching but no injury is caused; and
- Assault where physical violence caused an injury. To understand the definition of injury, follow the link.
In Victoria alone, six separate and distinct charges incorporate the word assault and do not involve injury as an element of the offence.
- Assault under section 31 of the Crimes Act 1958 (indictable offence).
- Common Assault (also known as unlawful assault) in section 23 of the Summary Offences Act 1966 (summary offence).
- Common Law Assault, which is not legislated other than by reference to the penalties in sections 320 and 320A of the Crimes Act 1958. Common law assault is not to be confused with common assault/unlawful assault above, as common law assault has a much higher maximum penalty (indictable offence).
- Aggravated Assault under section 24 of the Summary Offences Act 1966 (summary offence).
- Assaulting under section 51 of the Summary Offences Act 1966 (assaults relating to emergency workers etc, not involving injury) (summary Offence).
- Assaulting Registered Health Practitioners under s51A of the Summary Offences Act 1966 (summary offence).
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Although police may lay multiple charges, it is often the case that a number of the charges will be withdrawn as alternatives.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.
