Assault Lawyers Melbourne

Our expert criminal law solicitors advise and represent clients in relation to a range of Assault charges

  • If you have been charged with any form of Assault, access to the right advice and representation is important
  • Being convicted of an Assault charge may limit future job opportunities or prevent you from travelling to certain countries
  • Our criminal law solicitors have expertise in the full range of Assault offences that are heard in both the Victorian Magistrates’ and County Courts

Need immediate assistance in relation to an Assault charge?

Call James Dowsley & Associates 24/7 on (03) 9781 4900

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The Process of an Assault Charge

When you are facing a criminal charge it can help to know what to expect.
  • 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
  • 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.

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 local Magistrates’ Court, whilst more serious indictable offences may be heard in the County Court.

The penalties for Assault and related charges range from small fines to criminal convictions and jail sentences.

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

Assault

Assault (also referred to as Common Assault) is defined in Section 23 of the Summary Offences Act 1966 (Vic). Most cases are heard in the Magistrates’ Court and can incur a maximum fine of around $2,500 or three months’ imprisonment.

Extremely serious cases of Assault may come under Common Law and be heard in the County Court, in which case a maximum penalty of five years imprisonment may be given.

Read more

Aggravated Assault

Aggravated Assault is listed in Section 24 of the Summary Offences Act 1966 (Vic) and includes the willful attempt to cause serious injury, with or without the use of weapons.

It is generally considered to be a more serious crime than Common Assault.

Two kinds of Aggravated Assault exist in Victoria:

Read more

Stalking

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.

Read more

Intentionally or Recklessly Causing Injury

Sections 15A to 19A of the Crimes Act 1958 outline the offence of Intentionally or Recklessly Causing Injury. These cases are generally heard in the County Court, however less serious instances may be dealt with in the Magistrates’ Court.

The multiple offences which come under these sections range in severity and include premeditated attacks, group attacks and life threatening injuries. These charges do not cover threats to inflict injury.

Read more

Other Specific Assault Related Offences Include:

  • Intentionally, Recklessly or Negligently Endangering Life
  • Threatening Injury and Extortion
  • Resisting Arrest and Rioting
  • Kidnapping

Need a Criminal Lawyer in Melbourne for an
Assault Offence?

For 24/7 advice on Assault related charges you can contact JDA Law on (03) 9781 4900

Request a Free Consultation

Key contacts

Speak to our criminal law specialists
Adrienna Kisvarda
Adrienna Kisvarda
Criminal Defence Lawyer Frankston
(03) 9781 4900 - adriennak@jdalaw.com.au
Kymberley Skillen
Kymberley Skillen
Criminal Defence Lawyer Dandenong
03 8788 5600 - kyms@jdalaw.com.au
Melainie Vinton
Melainie Vinton
Criminal Defence Lawyer Dandenong
03 8788 5600 - melainiev@jdalaw.com.au
Scott Kaiser
Scott Kaiser
Criminal Defence Lawyer Frankston
Scott was admitted into the Legal Profession in September 2019
03 9781 4900 - scottk@jdalaw.com.au
Stacey Stanley
Stacey Stanley
Criminal Defence Lawyer Frankston
03 9781 4900 - staceys@jdalaw.com.au
Ben Hanley
Ben Hanley
Criminal Defence Lawyer Frankston
03 9781 4900 - benh@jdalaw.com.au
Lorna Williamson
Lorna Williamson
Criminal Defence Lawyer Frankston
03 9781 4900 - lornaw@jdalaw.com.au
Anthony Maselli
Anthony Maselli
Criminal Defence Lawyer Melbourne
03 8602 1400 - anthonym@jdalaw.com.au
James Dowsley
James Dowsley
Principal & Accredited Criminal Law Specialist
James has been involved in the Criminal Justice System as a Lawyer for over 25 years and gained his Specialist Accreditation from the Law Institute of Victoria in 2002. Being a dedicated advocate for clients human rights, James has a passion for defending his clients in the Australian Courts.
03 8602 1400 - jamesd@jdalaw.com.au
Shaana Wilk
Shaana Wilk
Criminal Defence Lawyer Moorabbin/Highett
Since completing her Articles of Clerkship in Criminal Law and Commercial Litigation at Birch Ross & Barlow Solicitors, Shaana has practiced solely within the Criminal Law jurisdiction. Joining the JDA family in 2010, Shanna began her at our Frankston office. Since 2012 Shanna has been the sole solicitor at our Moorabbin/Highett office.
03 9555 4442 - shaanaw@jdalaw.com.au
Domenic Care
Domenic Care
Accredited Criminal Law Specialist – Criminal Defence Lawyer - Melbourne
Domenic Care joined James Dowsley & Associates in 2013. He appears regularly in the Magistrates’ Court, County Court and Children’s Court of Victoria for matters including plea hearings, contested bail applications and appeal hearings.
03 8602 1400 - domenicc@jdalaw.com.au
Kieran Reynolds
Kieran Reynolds
Accredited Criminal Law Specialist – Criminal Defence Lawyer
Kieran joined the JDA family in 2015 having worked at several large Criminal Law firms since 2004. He regularly appears in both the Magistrates Court and County Court in a diverse range of matters. Kieran was admitted as an Accredited Criminal Law Speciality in 2009 and has maintained his Specialist Accreditation every year since. He is committed to ensuring that the rights of his clients are upheld in court.
03 8602 1400 - kieranr@jdalaw.com.au
Brett Barratt
Brett Barratt
Criminal Defence Lawyer - Melbourne
Brett joined the JDA family in 2013 as a law clerk. He has since then worked as a paralegal at our Dandenong office between September 2015 and March 2016. Commencing as a Lawyer at our Frankston office in March 2016. He appears regularly on behalf of clients facing a range of summary and indictable criminal matters in the Magistrates’ Court. Brett also instructs counsel and assists in the preparation and running of complex indictable criminal cases in the County Court.
03 8602 1400 - brettb@jdalaw.com.au
Jackson McLeod
Jackson McLeod
Criminal Defence Lawyer Frankston
Having previously interned at the Victorian Law Reform Commission, JobWatch Victoria and Refugee Legal and the Asylum Seeker Resource Centre, Jackson has dedicated his career to providing access to justice to those who need it most. He regularly appears in the Magistrates’ Court and has instructed in the County Court. Jackson applies his keen attention to detail and broad knowledge of the law to all of his matters, and capably and professionally handles pleas, bail applications and case conferences at the Magistrates’’ Court.
03 9781 4900 - jacksonm@jdalaw.com.au
Bridie O’Malley
Bridie O’Malley
Criminal Defence Lawyer Dandenong
Bridie joined the JDA family in 2014 commencing as a volunteer law student, assisting in the formation of our Intervention Order section. Graduating to become a paralegal at our Dandenong office in 2016 and joining our team of lawyers in 2017.
03 8788 5600 - bridieo@jdalaw.com.au
Sally Abel
Sally Abel
Business Manager
03 8788 5600 - aghk@jdalaw.com.au
Lucy Mcphail
Lucy Mcphail
Office Manager
03 8788 5600 - lucym@jdalaw.com.au