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Assault Lawyers in Geelong

Our expert criminal law solicitors at Geelong Lawyers provide legal support and representation for individuals facing assault charges. Our team is skilled in handling appeals, pleas, contested hearings, offering advice and representing individuals at Court.

With a deep understanding of the intricate legal landscape in Victoria, we ensure that your rights are fully protected. We take a personalised approach to each case, crafting a defence strategy that seeks to achieve the best possible results for you.

What Should I Do if I Have Been Charged with Assault?

If you have been charged with assault in Victoria, it helps to know what to expect. The right legal advice can have a significant impact on the outcome of your case.

If you have been charged or are about to be interviewed by the police, contact a lawyer who specialises in criminal defence and specifically in assault cases. Legal representation and advice is critical in navigating the legal system and protecting your rights from the moment the police are involved.

Have your lawyer explain the specific charges against you, the possible penalties, and the legal processes involved.

If a decision is made to prosecute you, each element of the offence must be proven in Court beyond a reasonable doubt. If the prosecution fails to prove any element, or a successful defence is raised, the charges may be dismissed. If you are found guilty, or enter a plea of guilty, the court will decide on a penalty. 

Adhere strictly to the advice of your lawyer, including advice on communicating with others about your case and attending court appearances.

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What are the Different Types of Assault?

In Victoria, the common charges relating to assault include:

  • assault – including sexual assault, unlawful assault and common assault
  • affray
  • causing injury or serious injury recklessly or intentionally
  • homicide, including manslaughter and murder
  • aggravated burglary
  • robbery
  • threats to kill
  • threats to inflict serious injury

Less severe charges include common assault and the summary charges of unlawful assault and aggravated assault. These charges are typically used when no injury is reported or there is not enough evidence to conclusively prove an injury.

More serious charges arise when an injury is alleged. These include recklessly causing injury, intentionally causing injury, recklessly causing serious injury, negligently causing serious injury, and intentionally causing serious injury.

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FAQs

Sentencing for acts of violence can range from Diversion to imprisonment. Other consequences may include serving sentences through community-based orders like Community Correction Orders and paying compensation to the victims.

The kind of penalty you get depends on different factors, such as how serious the charge is or whether it’s your first offence. Geelong Lawyers can represent you and our team can defend charges of all levels of seriousness. 

The Diversion Program provides a way for offenders to avoid a criminal record by meeting certain requirements that may be beneficial to themselves, the victims, and the community. This program is managed by the Magistrate or a Judicial Registrar in Victoria. Successfully completing a Diversion Program means you won’t have any record of the offence.

This program is generally for first-time offenders facing less serious charges. If you are charged with assault, willing to admit responsibility for the offence, and the charge does not have a mandatory minimum sentence, you may be eligible for a Diversion.

Gaining a Diversion without a lawyer can be risky as it is a complicated process.  Criminal lawyers who know the requirements well can guide you through this process. It’s important not to miss your opportunity to keep a clean record. Geelong Lawyers deals with many cases related to the Diversion Program. Get in touch with our team to find out how we can help you.

Recklessly or Intentionally Causing Injury are separate assault charges in Victoria. There are two kinds of charges depending on the seriousness of the injury:

  • Recklessly or Intentionally Causing Injury

In Victoria, serious assaults that lead to injury are typically prosecuted as injury-causing offences. Under section 18 of the Crimes Act, anyone who causes injury to someone else, either recklessly or intentionally, is committing an offence.

The types of injuries considered under this law include unconsciousness, significant pain, disfigurement, or mental illness, and these injuries can be either temporary or permanent. The consequences for this offence can be severe and may include terms of imprisonment.

  • Recklessly or Intentionally Causing Serious Injury

A person can be charged with a more severe offence if they cause serious injury, whether recklessly or intentionally. ‘Serious injury’ refers to any injury that endangers life or is substantial and protracted.

This type of offence is indictable and is usually heard in the County Court. The maximum punishment can be up to 15 years in prison if the injury was caused recklessly, and up to 20 years if it was intentional. Additionally, if serious injury is caused under conditions of extreme violence — such as when the attack was premeditated, involved two or more people, or targeted someone who was incapacitated — it is considered an aggravated offence, which can lead to even more severe penalties.

In Victoria, there are several defences that can be used if someone is charged with unlawful assault. These defences can help reduce or dismiss the charges, depending on the circumstances of the case.

  1. Self-Defence: Claiming self-defence involves proving that the use of force was necessary to protect oneself, another person, or property from immediate harm, and that the force used was reasonable under the circumstances.
  2. Lack of Intent: If the assault occurred as a result of an accidental act where there was no intention to cause harm or fear, this defence might apply.
  3. Mental Impairment: This is a valid defence if, at the time of the assault, a person was suffering from a mental condition that impaired their ability to understand what they were doing or that what they were doing was wrong.
  4. Consent: If the victim had consented to the act that resulted in an assault — common in sports or medical procedures — this could be a valid defence.

Each of these defences requires specific circumstances to be met and typically requires detailed evidence and legal submissions to be successful in Court. It is crucial for anyone facing such charges to seek specialised legal advice to navigate these defences.

An Alcohol Exclusion Order is a court-issued restriction that prevents an offender from doing certain things, usually for a period of two years if they have been found guilty of a relevant offence.

The Order can include conditions like:

  1. The individual is not allowed to enter specific designated areas or licensed places at any time;
  2. The individual may enter certain areas or premises only for defined purposes;
  3. Any other conditions that the court considers appropriate.

Under Section 89DF of the Sentencing Act 1991, breaking any of these conditions is an offence. This could result in a maximum penalty of two years in prison.

  • If you are a first-time offender or have no similar prior offences, your lawyer can argue that you should receive a reduced sentence. Prior good character can be a significant mitigating factor in sentencing.
  • For first-time offenders facing minor assault charges  Diversion is a potential outcome. If you’ve been recommended for Diversion for an assault, it’s crucial to consult a lawyer immediately. A recommendation for Diversion by police does not guarantee it will be granted by the Magistrate or Judicial Registrar. 
  • When someone pleads guilty to an offence, the Court has the discretion to impose a range of penalties, with or without recording a conviction, taking into account the offender’s character and history. A non-conviction sentence is possible for less serious offences and offenders with no or minimal criminal history.
  • For less severe assault charges that do not qualify for Diversion and do not involve an injury, the sentence may include an Adjourned Undertaking (also known as good behaviour bond) or a fine.
  • For charges involving an injury (but not a serious injury), Courts may impose a Community Correction Order (CCO) upon a plea of guilty. This order can include unpaid community work hours or mandatory treatment and rehabilitation.  A Community Correction Order may also involve supervision or regular judicial monitoring. 
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