Assault and violence charges in Victoria range from common assault to gross violence, each carrying significant consequences.
Expert representation from the first mention through to contested hearing.
Assault lawyer Melbourne: defence for charges across Victoria, from common assault to serious injury.
Assault offences in Victoria are primarily governed by the Crimes Act 1958 (Vic). Charges range from common assault (which may be heard summarily in the Magistrates Court) through to intentionally or recklessly causing serious injury (indictable offences heard in the County Court). Gross violence offences carry mandatory minimum sentences. The prosecution must prove the act, the intent, and that the act was not consented to or justified by self-defence.
Three primary strategies are available depending on the evidence, the injury alleged, and the circumstances of the incident.
Best when speed matters and risk is low
If you acted in self-defence, or in defence of another, the prosecution must disprove the defence beyond reasonable doubt. We build the factual narrative and identify witness and CCTV evidence to support your account of the incident.
Best when facts are complex or disputed
Assault charges often turn on contested accounts of events. We cross-examine the complainant and any witnesses, challenge medical evidence about the nature of the injury, and scrutinise CCTV and forensic material.
Best when outcome must be robustly defended
Where the evidence supports it, we negotiate with the prosecution to have a more serious charge reduced to a lesser offence. The difference between an indictable and a summary charge can mean the difference between a County Court trial and a Magistrates Court plea.
Assault matters often begin with a police interview. You have a right to silence. Contact Sam before attending any interview or making any statement.
The prosecution brief is provided after the first mention. Sam reviews all evidence including CCTV, witness statements, and medical reports to identify weaknesses in the case.
Sam negotiates with the prosecution on charge amendments, consent to withdraw, or agreed facts for a plea. For contested matters, a contested hearing or committal is scheduled.
A contested hearing tests the prosecution evidence; a plea hearing presents your circumstances to achieve the best possible outcome within the available range.
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These are the questions our clients ask most often. Nothing too basic. Nothing off-limits.
Time-sensitive?
Do not wait. Early legal advice significantly changes outcomes in criminal matters. Call Sam directly on (03) 7040 9825 for a same-day response.
Yes. Under the Crimes Act 1958 (Vic), self-defence is a complete defence to assault if you genuinely believed your conduct was necessary to defend yourself or another person, and your response was reasonable in the circumstances.
The prosecution bears the burden of disproving self-defence beyond reasonable doubt once you raise it. The key questions are: what did you believe at the time, and was your response proportionate? Sam will assess the evidence and advise whether self-defence is viable in your specific circumstances.
Common assault involves apprehension of violence or unwanted touching without serious injury. Serious injury offences (recklessly or intentionally causing serious injury) carry maximum sentences of up to 15 or 25 years respectively under the Crimes Act 1958 (Vic).
The level of the charge determines which court hears the matter and the range of penalties available. Common assault may be heard in the Magistrates Court and resolved by fine or community correction order. Serious injury offences proceed to the County Court and carry significant imprisonment risk.
Sam appears regularly at Magistrates' Courts across Melbourne and regional Victoria. Pick the suburb closest to where the matter will be heard for court-specific guidance.
Free initial consultation. Same-day response to all matters.
Same-day response to all matters. Confidential consultation, no obligation.
Same-day response to all matters
samuel@russolaw.com.au