Assault Lawyer Melbourne
Common Assault (Section 23 Summary Offences Act 1966) & Assaults (Section 31 Crimes Act 1958)
If you have been charged with assault in Melbourne, it is critical to understand the nature of the allegation and the potential consequences. Assault offences in Victoria range from relatively minor matters dealt with in the Magistrates’ Court to more serious charges carrying significant penalties. It is important that you speak to an assault lawyer as soon as possible.
At Criminal Law Advice, we provide clear, strategic legal advice and strong court representation for clients facing assault charges across Melbourne and Victoria.
What is Common Assault (Section 23 Summary Offences Act 1966)
Unlawful assault is one of the most common assault charges in Victoria. It typically involves lower-level allegations and is dealt with summarily in the Magistrates’ Court.
The prosecution must prove beyond reasonable doubt:
- The accused applied force to another person; or
- Threatened to apply force
Physical injury does not need to be proven. Even minor contact or threats can amount to common assault.
Examples include:
- Pushing or shoving
- Slapping or striking
- Spitting
- Threatening violence in a way that causes fear
Penalties:
- Diversion
- Adjourned Undertaking
- Fine
- Community Corrections Order
What is Assault (section 31 – Crimes Act 1958)
Assault under section 31 is a more serious offence than unlawful assault and is often charged where the conduct is more severe or involves aggravating factors.
The prosecution must prove beyond reasonable doubt:
- There was an application or threat of force
- Without lawful justification or excuse
- Acted intentionally or was reckless as to whether force would be applied or the victim would fear force
Physical injury does not need to be proven. Even minor contact or threats can amount to assault.
This offence may apply where:
- There is an assault or threat to assault with intent to commit an indictable offence
- An assault that involved the application of force
- An assault that does not involve the application of force
- The circumstances are considered more serious
Penalties:
- Diversion
- Adjourned Undertaking
- Fines
- Community Corrections Order
- Imprisonment
Matters may still be heard in the Magistrates’ Court but can carry more significant consequences. A Melbourne Assault Lawyer will be able to advise the circumstances in which this matter can be heard in the Magistrates Court or when it needs to be heard and determined in a higher court.
Key Differences Between Section 23 and Section 31 Assault
| Section 23 (Summary Offences Act) | Section 31 (Crimes Act) | |
| Seriousness | Less serious | More serious |
| Court | Magistrates’ Court | Magistrates’ or higher court |
| Penalties | Lower | Higher |
| Typical conduct | Minor physical contact or threats | More forceful or aggravated behaviour |
Possible Defences to Assault Charges
Every case is different, and a strong defence depends on the specific facts. Common defences include:
- Self-defence
- Lack of intent
- Accident
- Consent (in limited circumstances)
- Mistaken identity
Early legal advice from an assault lawyer is essential to identify the best strategy.
What to Do If You Are Charged
If you are facing an assault allegation:
- Do not speak to police without criminal law advice from an assault lawyer
- Avoid contacting the alleged victim
- Gather any evidence (messages, CCTV, witnesses)
- Seek immediate criminal law representation
What you do early can significantly affect the outcome of your case.
Speak to a Melbourne Assault Lawyer
If you have been charged with common assault or assault in Victoria, getting the right advice early can make a significant difference.
Contact Criminal Law Advice today for confidential, expert legal advice and representation from an experience assault lawyer in Melbourne.
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