Assault Lawyer Ballarat

An assault charge can affect your freedom, employment, and reputation — and in Victoria “assault” covers a wide spectrum, from a minor scuffle dealt with by a fine through to charges carrying lengthy terms of imprisonment. McMahon Criminal Defence Lawyers provides experienced, fixed-fee defence for every assault-related charge, at the Ballarat Magistrates’ Court — directly opposite our office — and across Victoria. This page is an overview of assault offences and links to detailed guides on each specific charge.

Assault Offences in Victoria: An Overview

Assault offences in Victoria are spread across the Crimes Act 1958 and the Summary Offences Act 1966, and range enormously in seriousness. The right defence strategy depends entirely on the specific charge, because each has its own elements, maximum penalty and available defences. Below are the main assault charges, each linked to a detailed guide.

Common Assault

The least serious and most frequently charged assault offence, requiring no injury — even a threatening gesture can suffice. It is a summary offence often suitable for diversion or a non-conviction outcome. Read our guide to common assault ›

Recklessly Causing Injury

One of the most common Magistrates’ Court charges, where a person was aware their conduct would probably cause injury and went ahead regardless. Maximum 5 years. Read our guide to recklessly causing injury ›

Intentionally Causing Injury

The companion charge where the injury was intended rather than merely risked, carrying double the maximum penalty — 10 years. Read our guide to intentionally causing injury ›

Causing Serious Injury

The most serious non-fatal violence offences — intentionally (s 16, max 20 years) or recklessly (s 17, max 15 years) causing serious injury, including the aggravated “gross violence” forms with mandatory minimum sentences. Heard in the County Court. Read our guide to causing serious injury ›

Affray

Commonly charged after group fights or public disturbances, where conduct would cause a bystander of reasonable firmness to be terrified. No actual victim is required. Maximum 5 years. Read our guide to affray ›

Threat to Kill

A serious offence carrying up to 10 years, frequently arising in heated arguments and family violence situations — and you can be guilty even if you never intended to carry out the threat. Read our guide to threat to kill ›

Penalties for Assault

Penalties span the full range — from fines, adjourned undertakings and community correction orders for minor matters, through to substantial imprisonment for serious injury, weapons or gross violence offences. Aggravating factors increase penalties significantly, including where the victim is a police or emergency worker, a child, or a family member, and where a weapon is used. For the least serious matters, diversion or a finding of guilt without conviction may be achievable — outcomes that avoid a criminal record altogether.

Defences to Assault Charges

The available defences depend on the charge, but commonly include:

• Self-defence or defence of another — reasonable and proportionate force in the circumstances as you perceived them;
• Lack of intent or recklessness — which can also reduce a charge to a less serious one;
• Consent, in limited circumstances;
• Mistaken identity or factual dispute — common in group incidents; and
• Negotiated resolution — withdrawal, reduction of the charge, or diversion through case conferencing.

What To Do If You Are Charged

Do not speak to police about an assault allegation before getting legal advice. Your matter will usually begin with a mention hearing, and if you have been remanded, see our guide to bail. We offer a free initial consultation and fixed fees for all assault matters. Contact us to discuss your charge.

Frequently Asked Questions

Can an assault charge be dropped if the victim does not want to proceed?

Police can proceed with an assault charge regardless of the complainant’s wishes, as it is the police, not the complainant, who prosecute. However, the complainant’s attitude is a relevant factor, and we can make submissions about it in appropriate cases during negotiation with the prosecution.

What is the difference between the various assault charges?

The charges differ mainly by the harm caused and the accused’s state of mind. Common assault requires no injury; recklessly and intentionally causing injury require injury plus recklessness or intent respectively; and causing serious injury involves a higher injury threshold and the most serious penalties. Each has its own detailed guide linked on this page.

Can I get diversion or avoid a conviction for assault?

For lower-level assault charges, particularly common assault and some injury matters with little or no prior history, diversion or a finding of guilt without conviction can be achievable. Diversion resolves the charge without any finding of guilt. Whether it is available depends on the charge, the circumstances and prosecution consent.

Is self-defence a defence to assault in Victoria?

Yes. If you used reasonable and proportionate force to defend yourself or another person, self-defence is a complete defence to an assault charge. Whether it succeeds depends on the specific circumstances as you perceived them at the time, which is why early legal advice is important.

What is aggravated assault?

Aggravated assault is not a single offence but a description of assaults with aggravating features that increase the seriousness and penalty — such as the use of a weapon, causing serious injury, or the victim being in a protected category such as a child, family member or emergency worker. These features can elevate the charge to a more serious offence.

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