Assault and Serious Violence: frequently asked questions

Yes. Self-defence is a complete defence to assault charges in Victoria. If you genuinely believed force was necessary to protect yourself or another, and the force used was proportionate, you may be acquitted.

Under the Crimes Act 1958 (Vic), a person is not guilty of an offence if the conduct was carried out in self-defence or in defence of another. The jury (or Magistrate) must consider whether the accused believed force was necessary and whether it was reasonable in the circumstances. Sam Russo can advise on the strength of a self-defence argument for your specific facts.

Common assault involves intentional or reckless application of force without consent. Causing serious injury or grievous bodily harm involves conduct that causes serious physical harm. They carry very different penalties.

Common assault is a summary offence under the Summary Offences Act 1966 (Vic) or a serious offence under the Crimes Act 1958 (Vic) depending on the circumstances. Intentionally causing serious injury under s15 of the Crimes Act carries up to 20 years imprisonment. The specific charge depends on the injuries and the prosecution assessment of intent.

Yes. Charges can be withdrawn by the prosecution before or at hearing. This can result from negotiations with the prosecution, a change in the complainant position, or new evidence. Early legal involvement maximises opportunities for charge negotiation.

The prosecution has the discretion to withdraw or reduce charges at any stage. Where the evidence is weak, the complainant does not support prosecution, or there is a reasonable basis for negotiation, Sam Russo can engage with the prosecution to explore alternatives to a contested hearing.

Do not make admissions, offer explanations for where you were or what you did, or speculate about what police know. Exercise your right to silence beyond confirming your name and address, and ask to speak to a lawyer before any interview.

Common mistakes people make: trying to explain themselves to show cooperation, volunteering context that implicates them, or assuming an informal conversation is not being recorded. Police are experienced interviewers. The safest position before speaking to a lawyer is to say: I wish to exercise my right to silence. I would like to speak to a lawyer. Sam is contactable by phone and can provide immediate pre-interview advice.

Contact a criminal lawyer as soon as possible after being charged, and before any police interview if one has been requested. Time matters most in the first 24 hours: bail decisions, interview decisions, and early charge negotiations all occur at this stage.

If you have been arrested and are at the police station, you have the right to speak to a lawyer before an interview. Sam is available by phone for urgent matters. Once charged, your first court date (the Mention) is typically 4 to 6 weeks away in the Magistrates' Court, but preparation for that date begins immediately.