Assault Lawyers: Navigating the Legal Complexities of Assault
Facing assault charges in Victoria can be a daunting and overwhelming experience, especially when the accusations involve physical harm. If you or a loved one find yourself in this situation, it is essential to understand the legal definition, potential penalties, and the importance of seeking expert legal representation from experienced assault lawyers.
Assault Definition in Victoria
In Victoria, the law recognises various categories of assault offences, each carrying penalties that reflect the severity of the crime. The specific type of assault charge you may face depends on factors such as the nature of the alleged incident, the extent of any injuries, and whether a weapon was involved.
Assault is broadly defined as the intentional or unintentional use of force against another person without their consent, or the threat or attempt to do so. This definition encompasses a wide range of actions, from physical altercations to verbal threats.
Unlawful assault also known as common assault is defined as “any person who unlawfully assaults or beats another person (shall be guilty of an offence)”. Unlawful assault (also called common assault) can include physical harm, such as bruising or scratches. Under certain circumstances a person convicted of assault may also be convicted of aggravated assault (Section 24 of the Summary Offences Act 1966).
Penalties for Assault Charges in Victoria
The penalties for assault charges in Victoria vary depending on the specific offence and the court in which a case is heard. For example, common assault carries a maximum penalty of 3 months imprisonment or a fine of up to 15 penalty units.
It is important to note that these are maximum penalties, and the actual penalty imposed will depend on various factors, such as the offender’s prior criminal history, the severity of the harm caused, and any mitigating or aggravating circumstances.
If you are convicted of an assault offence, it will be recorded on your police Criminal History Check. Any penalty received can have far-reaching consequences for your future prospects.
The Role of Assault Lawyers in Mitigating Consequences
When facing assault charges, particularly those involving bodily harm, it is crucial to engage the services of experienced assault lawyers. A skilled legal team can provide invaluable guidance and support throughout the criminal justice process.
Assault lawyers can assist with bail applications, aiming to have you or your loved one remain in the community pending the finalisation of the matter, subject to any necessary conditions. They can also thoroughly investigate the circumstances surrounding the alleged offence, gathering evidence and identifying any potential defences or mitigating factors.
In some cases, assault lawyers may be able to negotiate with prosecutors to have the charges reduced or withdrawn, or to secure a more lenient penalty through plea negotiations.
Conclusion
Navigating the complexities of assault charges in Victoria can be a stressful and challenging experience, but you do not have to face it alone. By engaging the services of experienced assault lawyers, you can ensure that your rights are protected and that you have the best possible chance of achieving a favourable outcome.
To schedule a consultation with our experienced lawyers, please don’t hesitate to reach out to us using the following methods:
Phone: Call our phone at (03) 9923 7727 to speak directly with one of our lawyers. Our lines are available Monday – Friday at 9am – 5pm to ensure you can access the help you need, whenever you need it.
In-Person: Our office is located at 1105, 530 Little Collins Street, Melbourne 3000. Book an appointment and visit us in person to discuss your case in a confidential setting. A Zoom meeting can also be arranged if you are unable to physically make it into the office.
Disclaimer: The information provided is of a general nature and not tailored to your individual circumstances. Please get in touch for independent legal advice specific to your situation.