Common Misconceptions about Assault Charges in Victoria

Assault is a serious offence in Victoria that can carry result in a fine as well as a jail term of up to several years or more depending on the type and severity of the assault. However, many people tend to have misconceptions when it comes to how assault charges are dealt with by the courts. Understanding the realities of assault charges and common misconceptions surrounding them can therefore be useful in helping you navigate your legal position if you have been charged with assault. In this post, we debunk some myths about assault charges in Victoria.

Assault Charges in Victoria

As a starting point, it can be useful to understand how assault charges are structured in Victoria in the first place. Such offences are generally governed by one of two acts. Cases of common assault and aggravated assault are usually governed by the Summary Offences Act whereas cases of more serious assaults, threats to kill or inflict serious injury as well as sexual assault are generally governed by the Crimes Act. The potential consequences if you are found to be guilty of assault can range from small fines to long jail sentences, and it is therefore important to be clear about the type of assault that you are being charged with.

Common Misconceptions about Assault

Some common misconceptions that many people have about assault charges include:

1. Assault Requires Physical Violence

Contrary to popular belief, physical violence is not a requirement for you to be charged with assault. There can also be non-physical forms of assault such as threatening to hurt or inflict injury onto another person. In Victoria, the law recognises actions such as making verbal threats as well as behaving in an intimidating manner toward someone else as forms of assault.

2. Assault Charges Lead to Imprisonment

Not all assault charges necessarily lead to imprisonment. As stated, the punishment if you have been found guilty of assault will ultimately depend on the facts of the matter. Factors such as remorse and instigation may lead to lower penalties. Less severe forms of assault may also result in potentially lower penalties such as community service and probation.

3. Self-Defence Excuses Assault

While self-defence can be raised as a potential defence to a charge of assault, it may not always automatically excuse assault. Factors such as proportionality of the self-defence as well as whether you had a reasonable belief that you would have been harmed if not for your self-defence are relevant in determining whether you are able to raise self-defence as a defence to your assault charges.

Getting an Assault Lawyer in Victoria Leanne Warren & Associates is a premier law firm in Melbourne specialising in criminal defence. If you’ve been charged with assault, experienced assault lawyers can help you navigate the complexities of the law and work with you to achieve the most favourable outcome in your circumstances. Contact us today for a free, no-obligation consultation to find out how we can help with you legal needs.