Assault Charges Melbourne

In Victoria, there is a number of charges that fall into the category of assault. Common charges falling into the category of assault are:

  • Intentionally cause serious injury;
  • Recklessly cause serious injury;
  • Intentionally cause injury;
  • Recklessly cause injury;
  • Assault under the Common Law or Unlawful Assault under the Summary Offences Act 1966;
  • Assaulting an Emergency Services Worker;
  • Assault or Resisting Police; or
  • Affray.

In Victoria, the maximum penalties for each of the offences above vary.

For example, the maximum penalty for the offence of:

  • Intentionally Cause Serious Injury is 20 years’ imprisonment;
  • Recklessly Cause Serious Injury is 15 years’ imprisonment;
  • Intentionally Cause Injury is 10 years’ imprisonment;
  • Recklessly Cause Injury is 5 years’ imprisonment;
  • Unlawful Assault under the Summary Offences Act 1966 is 15 penalty units or 3 months’ imprisonment;
  • Assaulting an Emergency Worker under section 31(1)(b) of the Crimes Act 1958 is 5 years’ imprisonment.
  • Assault or Resisting Police under section 31(1)(c) of the Crimes Act 1958 is 5 years’ imprisonment.
  • Affray is 5 years’ imprisonment.

When Victoria Police charge you, the matters that are taken into consideration are: the seriousness of the injuries suffered by the victim; what your intention was at the time you committed the alleged offence; and the likely consequences of the injuries sustained by the victim.

For example, whether it is expected that the victim will fully recover from the injuries sustained from the assault or whether they will have to live with a permanent injury because of the assault.

Self-defence, which includes the defence of another, is a defence available to an accused in certain circumstances when they are charged with an offence that falls into the category of assault.

The law of self-defence is in section 332K of the Crimes Act 1958. The law in Victoria states that a person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence. A person carries out conduct in self-defence if:

  • The person believes that the conduct is necessary in self-defence; and
  • The conduct is a reasonable response in the circumstances as the person perceives them.
If you have been charged with an offence that falls into the category of assault, it is important that you contact Elizabeth as soon as possible to receive legal advice and representation.

The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.

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