Assault

Assault Offences – Have you been charged with assault ? 

Dribbin & Brown Criminal Lawyers regularly appear for clients charged with assault offences. We have offices in Melbourne CBD, Ringwood, Dandenong, Ballarat, Frankston, Geelong and Moorabbin.

What is assault?

An assault occurs where person (A) either, intentionally or recklessly applies force to person (B), or intentionally or recklessly causes person (B) to apprehend that force will be applied, in circumstances where person (A) has no lawful excuse for their conduct. In these circumstances’ person (A) will be guilty of an assault.

An assault can take many different forms. In Victoria alone, there are four main separate and distinct charges that incorporate the word assault. There is “Assault” found at section 31 of the Crimes Act 1958, there is “Common Assault” (also known as unlawful assault) found at section 23 of the Summary Offences Act 1966, there is “Aggravated Assault” found at s24 of the Summary Offences Act 1966  and there is “Common Law Assault” (not legislated other than by reference to the penalty at section 320 of the Crimes Act). There are also charges that have the same elements as an assault but require the extra element of an injury to be made out at law, these offences are covered below. 

Dribbin & Brown Criminal Lawyers have handled thousands of cases relating to assault. We understand that the judiciary treats any criminal offence relating to violence very seriously and that preparation is important to achieving the right outcome.

What are the potential charges in relation to assault?

Often the police lay a variety of charges including unlawful assault also known as common assault, assault in company, assault with a weapon, recklessly causing injury, recklessly causing serious injury, negligently causing serious injury, intentionally causing injury, intentionally causing serious injury, conduct endangering person, conduct endangering life, affray and riot.

In most cases you will only plead guilty to one or two of these charges, and in some cases none at all. For information on the various types of assault charges, click on the relevant offences listed at the bottom of this page.

There are a number of factors that could potentially mitigate a client’s actions and in some cases remove any criminal culpability at all.

Assault matters often involve multiple parties being charged. In many instances police find it very difficult to prove matters in relation to individual defendants.

The importance of engaging a specialist criminal lawyer to assist with charges involving violence cannot be overstated. Dribbin & Brown are accredited by the Law Institute of Victoria as criminal law specialists, so you can be assured that when you engage us you are getting the very best representation. 

Penalty for assault

In most circumstances all penalties are open for the offence of assault. Every case is different and it all depends on the level of seriousness, whether there is prior history and whether the sentence is one that attracts a mandatory gaol sentence or is considered a standard offence. For more on sentencing options follow the link. 

Potential Defences

    – There was consent
    – Lawful Correction of a child
    – Self Defence 
    – Ejecting a trespasser
    – Any touching occurred during ordinary social activity, an example would be sport