An assault charge can affect your freedom, employment, and reputation. McMahon Criminal Defence Lawyers provides experienced criminal defence for all assault-related charges in Ballarat and across Victoria, from common assault through to serious aggravated assault.
Assault Offences in Victoria
Assault offences under the Crimes Act 1958 and Summary Offences Act 1966 include: common assault, assault causing injury, aggravated assault, unlawful assault, recklessly causing injury, intentionally causing serious injury, and assault with a weapon.
The seriousness of the charge depends on the nature of the alleged act, severity of injury, use of weapons, and any aggravating features.
Penalties for Assault
Penalties range from fines and community corrections orders for minor offences through to significant imprisonment for serious matters involving weapons or serious injury. Aggravating factors — such as the victim being a police officer or family member — can significantly increase the penalty.
Defences to Assault Charges
Common defences include: self-defence or defence of another, consent (in limited circumstances), mistaken identity, and duress. We will thoroughly examine the evidence and advise on all available defences.
Frequently Asked Questions
Can an assault charge be dropped if the victim does not want to proceed?
Police can proceed regardless of the complainant’s wishes. However, the complainant’s attitude is a relevant factor and we can make submissions about this in appropriate cases.
Can I get a non-conviction order?
It is possible in some circumstances to receive a spent conviction or adjourned undertaking without conviction, particularly for first offences.
What is the difference between assault and aggravated assault?
Aggravated assault involves additional elements such as the use of a weapon, causing serious injury, or the victim being in a protected category such as a child or emergency worker.
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McMahon Criminal Defence Lawyers is located directly opposite the Ballarat Magistrates Court. Call us today for a confidential consultation.
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