Assault Offence Lawyer Melbourne
- Over 30 years experience in the criminal justice system
- Track record of success
- Nationally acclaimed expertise
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If you live in Melbourne and have been charged or may be charged with an assault offence, our experienced criminal assault lawyers at MK Law are here to assist you. Whether this is your first offence or a subsequent one, and whether you need representation at Magistrates Court or advice regarding a police interview, we are available 24/7 for confidential legal advice. You can reach us at 1800 130 120.
We aim to provide the best possible defence to help you achieve a fair and lenient outcome. This can include having charges dismissed or withdrawn (where no conviction is recorded) and even obtaining a costs order against the prosecution, ensuring you are compensated for your legal expenses.
Why Choose Our Lawyers?
When facing assault charges, it’s critical to get legal advice as early as possible, even for advice about your conduct during a police interview. Evidence collected during these interviews can be used in court, so being prepared is vital.
Our assault lawyers are highly experienced in:
- Listening, understanding, and supporting you through this difficult process.
- Liaising and negotiating with law enforcement, the DPP, and the courts on your behalf.
- Reviewing the evidence and allegations made against you to determine the best strategy.
- Obtaining all necessary disclosure items from the prosecution, including subpoenas.
- Representing you in court to achieve the best possible outcome, including reducing penalties, dismissing charges, or negotiating a plea agreement.
What Is Assault?
Assault encompasses a range of unlawful behaviours. Under Sections 16-24 of the Crimes Act 1958 (“CA”), it includes acts that cause a person to fear immediate and unlawful violence. It is a serious (indictable) offence that can lead to significant penalties and a criminal record.
- Assault involves causing another person to fear immediate violence.
- Battery is the actual application of unlawful contact to another person.
While assault and battery often occur together, it is possible for one to occur without the other. The courts take assault seriously due to the need to protect the safety of our communities. If the victim of the assault dies from injuries, more severe charges like manslaughter or murder may follow.
Examples of Assault and Non-Assault Offences:
Some examples include:
- Punching someone from behind, causing them to fall and sustain serious injuries.
Actions like bumping into someone on a bus don’t usually qualify as assault unless excessive force or intent is involved.
Key Questions Before Pleading Guilty or Not Guilty:
When considering your defence, you should ask:
- Does the prosecution have a strong case against me?
- What were the circumstances of the assault?
- Did I act alone, or was there a co-accused?
- Should I plead guilty or not guilty?
- Are there defences available that could argue my innocence?
Our lawyers will guide you through these questions and help you make an informed decision.
What Must Be Proven in an Assault Case?
To be convicted of assault, the prosecution must prove beyond a reasonable doubt that:
- You intended to make the victim fear immediate violence, or
- You unlawfully applied physical contact to the victim without consent.
Sentencing Considerations:
When sentencing for assault, the court will consider several factors:
- The nature and seriousness of the offence.
- Whether a weapon, drugs, or alcohol were involved.
- Whether the victim was vulnerable or suffered serious injury.
- The offender’s criminal history, personal circumstances, and the level of planning involved.
More serious cases or those involving repeat offenders will result in harsher penalties.
Defences to Assault Charges:
If you plead not guilty, several defences may be available depending on the facts of your case:
- Denial: You did not commit the assault.
- Lack of intent: You did not intend to cause harm.
- Consent: The victim consented to the contact (such as in sports).
- Lawful excuse: You had a legal justification for your actions.
- Self-defence: You were defending yourself or another person from harm.
- Alibi: You were not present when the assault occurred.
- Mistaken identity: Witnesses incorrectly identified you as the perpetrator.
- Procedural fairness: Evidence was obtained improperly and is inadmissible.
Penalties for Assault Offences:
The penalties for assault range from imprisonment to community corrections orders and fines.
Some possible outcomes include:
- Imprisonment: Up to 5 years for reckless assault and up to 20 years for intentionally causing serious injury.
- Fines: Depending on the severity of the assault and whether it’s a conviction or non-conviction offence.
- Diversion programs: Available for first-time offenders or those with mental health issues.
A conviction for assault can have long-lasting consequences, including employment issues, financial pressures, and social and mental health impacts.
Testimonials
What people Say
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read More5/5
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Gabrielle Yozefovich from MK Law assisted with my matter today. She was knowledgeable and knew exactly what to say and do. She negotiated and ha... Read More5/5
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I recently used the services of Gabrielle Yozefovich of MK Law firm. Gabrielle gave exceptional legal representation and support during this tryi... Read More5/5
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When I first contacted MK Law for my court matter I was extremely stressed and felt as if I had lost all hope. From first contact all the way up t... Read More5/5
What happens next?
It is vital that you engage with a criminal defence lawyer as soon as possible after charges have been laid against you. An expert from MK Law will guide you through the process and advise you on the best defence strategy tailored to your specific situation and offence. Don’t delay—call 1800 130 120 today.
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au