Criminal Law Assault
Assault and Common Assault in Criminal Law
You may have a defence at law to an assault or common assault charge, or there may be mitigating factors that should be brought to a court’s attention. Our criminal defence lawyers take the time to get to know you and provide you with the guidance and legal representation to see you through the matter.
Understanding the Facts
Our criminal defence lawyers will go through the facts of your case with you to understand the background situation, to ensure the police have met their duties and to evaluate your legal defences to assault and or common assault. Remember, you are innocent until proven guilty on the standard of beyond reasonable doubt.
Your Criminal Defence
Our criminal defence lawyers will review the police brief and provide you with legal advice about your prospects and about the best way to handle the situation. Our criminal defence lawyers will negotiate with the police, present relevant evidence and oppose the charges where instructed and provide your defence to the court.
Assault Charges
There are different types of assault charges, and some may overlap. These include common assault, assault, and aggravated assault. Police may lay an aggravated assault charge if the circumstances are more serious.
Aggravated assault includes additional elements that must be proven and typically carries harsher penalties. For example, under Victoria’s Summary Offences Act 1996, aggravated assault includes:
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Assaulting a female or a male child under 14 in a manner the court deems too serious for a standard assault charge (penalty: up to 6 months’ imprisonment or 25 penalty units).
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Assault committed with others (penalty: up to 12 months’ imprisonment).
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Assault involving kicking or use of a weapon or instrument (penalty: up to 2 years’ imprisonment).
The court may also require the offender to enter a good behaviour bond. Non-compliance can result in imprisonment for up to 12 months.
Contact Us for a Free Case Evaluation
If you believe someone has harmed your reputation, take action to protect it. To get started, schedule a free case evaluation, simply complete the form or contact us via chat or phone at 1800 572 1.