Expert Criminal Lawyers for Assault Charges in Melbourne

If you have been charged with any form of Assault, access to the right advice and representation is important. Our team of assault lawyers Melbourne provide tailored strategies to protect your rights.
Being convicted of an Assault charge may limit future job opportunities or prevent you from travelling to certain countries. Experienced criminal defence lawyers can help minimise risks to your future.
Our criminal law solicitors have expertise in the full range of Assault offences that are heard in both the Victorian Magistrates’ and County Courts. We are proud members of the Law Institute of Victoria, ensuring our clients receive trusted and accredited advice.

Expert Assault Lawyers Melbourne, VIC

Understanding the Assault Legal Process in Melbourne

When you are facing a criminal charge it can help to know what to expect. Having skilled legal representation ensures you are guided through each stage.

Police may question or interview you before or after making a decision to lay charges for Assault
If a decision is made to prosecute a charge, each element of the offence must be proved in a court beyond reasonable doubt

Failure to prove any element or a successful defence will result in a defendant being found not guilty. Strong knowledge of the legal system helps in identifying weaknesses in the prosecution’s case.
If a defendant is found guilty, the court will decide on a penalty
Appeal of the verdict or any penalty imposed is a further step taken in some cases

When facing questions, interviews, going to court, or considering your right of appeal, expert legal advice and representation is important. The right legal advice and representation can make a difference at every stage of this process. It's important to prepare for a police interview when facing assault charges, and seeking guidance from trusted assault lawyers Melbourne can help ensure the best possible outcome.

Types of Assault Charges

There are various types of assault charges under different laws in Victoria. Less serious charges known as summary offences are heard in the Magistrates’ Court whilst more serious indictable offences may be heard in the County Court or Supreme Court. Understanding the nuances of Consent and Sexual Assault in Victoria can be crucial when dealing with assault charges. Our lawyers regularly handle a wide range of criminal matters, including both simple and complex cases.

The penalties for assault and related charges commonly range from adjourned undertakings and small fines to terms of imprisonment. Our role is to secure a just outcome for clients charged with assault.

See below for more detail on some of the common types of assault charges that exist.

Assault is defined in Section 23 of the Summary Offences Act 1966 (Vic). Cases in relation to this charge are heard in the Magistrates’ Court and penalties range from adjourned undertakings to terms of imprisonment.
There is a more serious variation of an assault charge called a Common Law assault offence which can be heard in both the Magistrates’ Court and in the County Court depending upon the seriousness of the circumstances of the offence. Common Law assault carries a maximum penalty of five years imprisonment.
Actions that may constitute assault include:
- Threatening to physically harm someone
- Punching, hitting or kicking another person without causing an injury
- Spitting on or at another person
To be found guilty of assault the prosecution must prove beyond reasonable doubt that you:
- Applied force to another person or threatened them with violence
- Acted intentionally or recklessly
- Did not have consent from the victim to carry out the act or acts
- That your act or acts were not in the course of ordinary social activity (e.g. shaking hands to greet someone)
Defences to a charge of assault include self-defence. An experienced JDA solicitor will be able to determine if you have a defence available to your case and can represent you in court. In some instances, a contested hearing may be required to resolve the matter. It is critical to attend your scheduled court date with strong legal preparation.
Aggravated assault is listed in Section 24 of the Summary Offences Act 1966 (Vic) and includes assault offense committed against females, children, in company, by kicking or using weapons.
Two kinds of aggravated assault exist in Victoria:
- Aggravated assault against women or children under the age of 14 where offences can range up to six months imprisonment; or
- Assaults which include multiple people carrying out the act, kicking or the use of weapons for which you can be sentenced up to two years’ imprisonment.
The crime of aggravated assault like any other criminal offence must be proved beyond reasonable doubt.
You will not be found guilty if there is reasonable doubt as to whether you committed this offence or if a defence such as self-defence can be established.
Expert advice from a qualified legal practitioner such as a JDA solicitor will assist you in identifying relevant defences.
The crime of stalking in Victoria is listed in section 21A of the Crimes Act 1958 (Vic).
It is considered a serious offence with a maximum penalty of 10 years imprisonment.
Several amendments have been made to the Crimes Act in recent years to include cyberstalking, threats and psychological harm.
Stalking includes acts undertaken with the intention of causing physical or mental harm or fear for another person’s safety.
Some examples include but are not limited to:
- Repeatedly contacting someone
- Keeping a person under surveillance
- Tracking someone’s use of the internet, email or other electronic communications without their consent
- Entering or waiting outside someone’s house or other places they frequent
- Making threats
In order to be convicted with stalking, it must be proved beyond reasonable doubt that the accused engaged in the listed conduct intentionally.
Stalking is not applicable to cases in which the acts were undertaken for the purpose of protecting public revenue, enforcing the law or executing a warrant.
Defences to stalking include the activity in question being:
- Related to the normal course of business or trade
- For the purpose of an industrial dispute
- For political or public affairs purposes
Expert legal advice may help identify possible defences and represent you in court.
The crime of Stalking in Victoria is listed in Section 21A of the Crimes Act 1958.
It is considered a serious offence, with a maximum penalty of 10 years’ imprisonment.
Several amendments have been made to the Crimes Act in recent years to include cyberstalking, threats, and psychological harm.
Stalking includes acts undertaken with the intention of causing physical or mental harm or fear for one’s safety.
Some examples include, but are not limited to:
- Repeatedly contacting someone
- Surveilling someone
- Tracking someone’s use of the internet, email or other electronic communications without their consent
- Entering or waiting outside someone’s house or other places they frequent
- Making threats
In order to be convicted with Stalking, it must be proved beyond reasonable doubt that the accused engaged in the listed conduct intentionally. The accused bears the burden of proof in establishing that they acted without malice.
Stalking is not applicable to cases in which the acts were undertaken for the purpose of protecting public revenue, enforcing the law, or executing a warrant.
Defences to Stalking include the activity in question being:
- Related to the normal course of business or trade
- For the purpose of an industrial dispute
- For political or public affairs purposes
Expert legal advice may help identify possible defences and represent you in court. Our lawyers often assist with criminal matters involving stalking and other complex cases.
Sections 15 to 18 of the Crimes Act 1958 (Vic) outline the offences of intentionally or recklessly causing injury including when those offences result in serious injury or occur in circumstances of gross violence. These cases are generally heard in the County Court, save for the offences of intentionally causing injury and recklessly causing injury which can be and are routinely heard in the Magistrates’ Court. Occasionally the offence of intentionally causing serious injury will be heard in the Supreme Court.
The multiple offences which come under these sections range in severity and include premeditated assaults, group assaults and where substantial and protracted or life threatening injuries are sustained.
The maximum penalty for recklessly causing injury is five years imprisonment.
In order to convict someone of recklessly causing injury it must be proved beyond reasonable doubt that:
- The victim suffered an injury
- The accused caused the injury
- The accused acted recklessly
- There was no lawful justification
The maximum penalty for intentionally causing injury is 10 years imprisonment.
In order to convict someone of intentionally causing injury it must be proved that:
- The victim suffered an injury
- The accused caused the injury
- The accused acted intentionally
- There was no lawful justification
Various factors influence the penalty imposed in court including the type of injury and the circumstances in which the injury occurred.
If any of the above stated elements cannot be proved beyond reasonable doubt, a defendant will not be found guilty of intentionally or recklessly causing injury.
JDA’s expert criminal lawyers can help represent you in court and seek the best outcome for your case. Our team is skilled in negotiating sentencing options that may reduce penalties for clients charged with these offences.
Other Specific Assault Related Offences Include:
- Conduct Endangering Serious Injury or Life
- Extortion With Threat to Kill
- Assaulting Emergency Workers
- Kidnapping
- False Imprisonment
These serious criminal matters require expert legal representation and deep knowledge of the court process. We focus on achieving a just outcome in even the most complex cases.

FAQs

If you are charged with assault in Melbourne, it is crucial to seek legal advice immediately. Contact an experienced assault lawyer who can guide you through the legal process, explain your rights, and develop a defense strategy tailored to your case. Avoid making any statements to the police without your lawyer present.
Penalties for assault charges in Victoria can range from fines and community service to imprisonment, depending on the severity of the offense and any prior criminal history. An experienced lawyer can help mitigate these penalties by presenting a strong defense.
Choosing the right assault lawyer involves considering their experience, track record, and understanding of Victorian law. Look for a lawyer with a proven history of successful defenses in assault cases and one who communicates clearly and effectively.
Assault charges can sometimes be dropped if there is insufficient evidence or if a successful defense strategy is presented early in the process. An experienced lawyer can negotiate with prosecutors to potentially have charges reduced or dismissed.
Appealing an assault conviction involves filing a notice of appeal with the court, outlining the grounds for appeal, and presenting arguments before a higher court. It is essential to have a skilled lawyer to navigate this complex process and increase the chances of a successful appeal.