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Assault Charges in Melbourne | Best Lawyers for Assault Criminal Charges
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With a history of successful legal representation in Melbourne, you can trust us to guide you on your criminal or traffic law matters. We will listen to and support your side of the story. We can help you with assault charges. Contact us today to get assistance with assault charges in Melbourne.
The experienced criminal lawyers Melbourne trusts:
Are you facing assault charges? You need an experienced assault criminal charge lawyer in Melbourne to protect your future as soon as possible.
Assault offences are some of the most common we see, and some of the most serious. Our lawyers regularly appear in both the Magistrates’ Court and County Court to represent clients and ensure their best interests are at the heart of all proceedings.
If you are suspected of assault charges, have been brought in for questioning by the police, or have been charged with different offences, our legal team will ensure you get the expert advice you need.
Need legal advice now? Call 03 8590 8370 to book a free
consultation with our lawyers to discuss your assault charges.
Understanding Assault Charges and Criminal Offences in Melbourne:
Assault charges, as outlined by the Summary Offences Act 1966 and the Crimes Act 1958, occur when one person intentionally or recklessly applies force to another person—or when that person reasonably believes that their aggressor will use force against them. This can cause physical or mental harm.
There are many different types of assault charges, with numerous offences falling under this category. These can include:
- Unlawful assault or common assault charges
- Aggravated assault
- Affray
- Indecent assault
- Intentionally causing injury or serious injury in circumstances of gross violence
- Recklessly causing injury or serious injury in circumstances of gross violence
- Reckless conduct endangering life
- Threatening to kill a person or inflict injury
- Home invasion or aggravated home invasion
- Carjacking or aggravated carjacking
- Aggravated burglary
- Robbery (armed and unarmed)
- Kidnapping
- Stalking
- Criminal damage with the intent of endangering life
- Assaulting or obstructing a police officer
How serious is an assault charge?
Assault charges are very serious offences that usually carry a maximum penalty of imprisonment, varying from 3 months to 25 years. Below are some examples of sentencing:
- Unlawful assault – 15 penalty units or 3 months imprisonment
- Affray – 5 years imprisonment (up to 7 years for indictable cases)
- Aggravated assault – 25 penalty units or 2 years imprisonment
- Intentionally causing serious injury – 20 years imprisonment
- Recklessly causing serious injury – 15 years imprisonment
- Negligently causing serious injury – 10 years imprisonment
- Kidnapping – 25 years imprisonment
In some circumstances, if the Magistrates’ Court deems assault charges insufficient, your assault offence may be upgraded—for example, from common assault to aggravated assault. Depending on the severity of the charges and certain circumstances, your case may be heard in the Magistrates’ Court or the County Court. A summary offence like unlawful assault charges will be heard in the Magistrates’ Court, while County Courts handle most other assault matters in Victoria (indictable offences).
Assault charge cases can include multiple offences and Common Law offences, such as false imprisonment or rioting, which carry a maximum penalty of 10 years imprisonment.
Our experienced lawyers, the best for assault charges, will help you fully understand your assault charges and navigate the Victorian courts.
Legal Defences for Assault Charges in Victoria:
The most common defence for assault charges is self-defence—that is, that you acted to protect yourself from a real or perceived threat. Other defences may include mental impairment, the surrounding circumstances of the assault, whether other parties were involved, whether you were provoked, your intent and a range of other factors.
To be found guilty, the prosecutors must prove each element of the charge beyond a reasonable doubt. This will differ depending on the assault charge.
Our legal team will work tirelessly with you to help present your side of the story and give you the best chance possible. It is possible to negotiate with the prosecution for a lighter sentence or for a good behaviour bond in some cases. In certain cases, you may be eligible for a diversion, which will help you avoid a criminal record..
Should I Plead Guilty to Assault Charges in Melbourne?
In some cases, pleading guilty may be the best way forward to avoid a costly legal battle and lessen your sentence. Before you decide, it is always best to seek legal advice from our criminal lawyers. As we have helped countless clients with their assault charges, we know the best way forward and will help you make the best choice for your future.
If you choose not to plead guilty, we will help you prepare for your contested hearing and represent you in court to the best of our ability.
Top 8 FAQs About Assault Charges
Penalties vary depending on the severity of the offence. For instance, unlawful assault can result in up to 15 penalty units or 3 months imprisonment, while more serious offences like intentionally causing serious injury may attract up to 20 years imprisonment. Factors such as the circumstances of the offence and the offender’s criminal history can influence the sentencing outcome.
Common defences include self-defence, duress, necessity, and lack of intent. The applicability of these defences depends on the specific circumstances of the case. Legal advice is crucial to determine the most appropriate defence strategy.
After being charged, the accused will typically receive a summons or be arrested and brought before a court. The legal process involves several stages, including the filing of charges, various court appearances and potentially a trial. Engaging a criminal defence lawyer early can help navigate the process and work towards a favourable outcome.
If you face assault charges in Melbourne, it is very important to remain calm and avoid making any statements to the police without legal representation. Contact the best lawyer for assault charges immediately to protect your rights and receive proper legal guidance. You may be released sooner or later, depending on your case circumstances.
It depends totally on the type or details of your case, but yes, in many situations jail can be
avoided. A top assault criminal charge lawyer in Melbourne can be able to help you get a
reduced sentence, a good behaviour bond or even a diversion (which means no criminal
record). Every case is different, and legal advice early on makes a big difference.
The timeline varies depending on the type of charge. Summary offences (like unlawful assault) may be resolved in weeks to months in the Magistrates’ Court, while indictable offences (like aggravated assault or affray) take longer in the County Court. Your lawyer will provide a more specific timeline.
If you are found guilty, there is a strong chance you will. However, if your case is handled well, there may be options to avoid a record, such as a diversion program or negotiating for a lighter charge. That’s why having the best lawyer for assault charges on your side matters.
At Haitch Legal, we understand that this is likely one of the toughest situations you’ve faced. Our team of lawyers has helped many people through assault charges in Melbourne, from minor incidents to serious cases. We offer practical advice, strategic defence and fight hard for the best outcome. Book a free consultation today.
If you have been charged with assault charges in Melbourne, you need an experienced criminal lawyer who meets your needs and budget and makes the process straightforward for you
Book a free consultation with our criminal lawyers today by calling 03 8590 8370 or using our online contact form.