Assault Offences

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Leanne Warren working on a case

What is Assault?

Assault involves the apprehension, or actual application, of imminent unlawful force on another person without their consent.

Factors that decide which charge could be laid against you include:

  • The extent of the injuries suffered by the victim.

  • Your intention at the time of the alleged offence.

  • What the likely result of your actions would be.

Whether or not you actually intended to injure the victim is often irrelevant. You may be charged with an offence merely because you intended the victim to believe that they were going to be injured. For example, if you threaten to harm someone or act in an intimidating manner toward them, but have no actual intention of harming them, you may still be charged.

What are Common Assault Charges?

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  • Unlawful and common law assault

You may be charged with assault, even if there is no physical contact with the victim. You may be charged if you intended to cause injury to the victim or if your conduct caused the victim to fear the imminent application of force.

  • Affray

Affray involves fighting in a public place, where a bystander who witnesses that fight would have been terrified. It is a reasonably serious offence that can carry a maximum of 5 years imprisonment.

  • Recklessly or intentionally causing injury or serious injury

In Victoria, causing injury means  physical harm or harm to mental health.  Physical harm includes:

  • Unconsciousness
  • Disfigurement
  • Substantial pain
  • Infection with a disease and an impairment of bodily function

Causing serious injury means causing a combination of those injuries, causing injury that endangers life, or that is serious and will last a long time.

  • Kidnapping

Kidnapping is a very serious offence which can carry a penalty of imprisonment of up to 25 years. The offence involves taking or detaining a person, with the intention of demanding money or any other advantage from that person for their release.

  • Making a threat to kill

In Victoria, making a threat to kill carries a maximum penalty of 10 years imprisonment. If you intend that the other person would fear the threat would be carried out, or are reckless about whether the other person feared the threat would be carried out, you may be guilty of making a threat to kill.

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Victoria Legal Aid assistance available (eligibility dependant upon means & merit guidelines stipulated by Victoria Legal Aid)

Defences

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There are various defences that our assault lawyers could explore depending on the circumstances surrounding your case. In particular, you may have been acting in self-defence or acting under duress. In order to consider what defence is available to you, all the factors in your case must be considered. Assault offences can warrant serious penalties, including a term of imprisonment.

Talk to a Professional Today

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Leanne Warren is an accredited criminal law expert specialising in assault offences.

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Testimonials

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"I am extremely happy with the outcome of court it couldn’t have gone any better and It’s all thanks to you and Angela. I cannot express my gratitude enough for what you have done for me and my situation. I also cannot express how much I appreciate everything.

I will forever be grateful for your support and help throughout this whole thing. So again thank you so much! Could you please pass on the message to Angela and tell her how much I appreciate her help as well !"
Tom

"Neil and I would both like to acknowledge the exceptional manner in which you have dealt with our challenging situation. Iva has been terrific to deal with and very patient in difficult circumstances. We are pleased with the outcome today and both feel she did a great job on our behalf.

We would not hesitate to recommend your company to anyone and wish you success and prosperity in the future."
Jenny

"Dear Leanne,

As per our discussion this afternoon, I am willing to accept the prosecutors offer of dropping all charges against me. Please pass on my thanks to Matt for his involvement in this matter, and of course a big thanks to yourself also. I’d give you guys a hug if I could for the professionalism and care that you show in your practice.
All the best to you and your team,"
Ben

"Just wanted to thank you again for today. I’m still in awe at how well it went down today and so quickly all without you barely speaking. My daughter was so happy to see me home when she got home from school. You are a true gem. I am truly grateful, you were the only one who showed me an ounce of interest in my hour of need.

Thank you, thank you thank you. With a performance like today you are going very far in your career!"
Serena

"It’s just started to sink in, what happened at court today and I would like to thank you again for your understanding and support. You made it all much easier J. I am driving back home to work my butt off so I can start my life again."

Matt

"Just wanted to thank you for all the work you have done for my case, charges dropped, good result etc. I really appreciate all you have done for me over the years, so thank you."

Craig

"Cannot ask for a more professional Law firm. Kate was very professional and is the best criminal lawyer. Thank you, Leanne Warren, for putting me on to Kate to represent me; she's the best!"

Michael

Get the Help You Need

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If you have been charged with an assault offence, please contact one of our specialists at Leanne Warren & Associates on 03 9670 6066 or schedule a FREE 30 min. consultation by clicking on the button below.