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Defend Assault Charges in Victoria
If you’ve been charged with, or are under investigation for, an assault offence in Victoria, act quickly. An assault allegation can affect your freedom, employment, reputation, family life, and future — even where the incident appears minor or arose from a heated situation.
At Pascoe Criminal Law, our Melbourne criminal defence lawyers regularly defend clients facing assault charges across Victoria, from common assault through to serious injury offences.
Early legal advice can prevent mistakes that may permanently damage your case. Speak to an experienced assault defence lawyer as soon as possible.
Get a no-obligation case assessment. We’ll assess your situation and outline your options.
Get a Free Case Assessment
Contact us for a free, no-obligation case assessment. This includes:
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A review of your charges and court documents
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Clear advice on your legal options
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Guidance on achieving the best possible outcome
Simply fill out the form or call us on 03 9668 7600 — and we’ll get started on helping you right away.
We’re here to help you.
Specialist Defence Lawyers for Assault Charges in Victoria
Pascoe Criminal Law is a Melbourne-based criminal defence firm experienced in defending assault charges across Victoria. We represent clients facing allegations ranging from common assault to intentionally causing injury and serious injury offences.
If you are under investigation or facing assault charges, contact our Melbourne criminal defence lawyers immediately.
What Are Assault Charges?
Assault charges in Victoria are serious criminal offences, primarily prosecuted under the Crimes Act 1958 (Vic). These matters can range from relatively minor physical incidents to allegations involving significant injury, weapons, or ongoing violence. Assault cases often involve disputed facts, conflicting witness accounts, medical evidence, and issues of intent or self-defence.
Common assault charges include:
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Common assault
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Assault causing injury
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Intentionally causing injury
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Recklessly causing injury
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Intentionally causing serious injury
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Recklessly causing serious injury
Depending on the charge and circumstances, assault offences can result in heavy fines, community correction orders, lengthy prison sentences, and long-term consequences affecting employment, travel, and personal relationships.
Defending Assault Offence Charges
Defending an assault offence charge requires a careful, strategic approach. At Pascoe Criminal Law, we understand that many assault allegations arise in the context of heated arguments, alcohol or drug use, relationship or family disputes, public confrontations, or fast-moving situations where events are misunderstood or exaggerated.
Our defence strategies may include:
Disproving the allegation
Presenting evidence such as CCTV footage, witness statements, text messages, call records, medical records, or location data to contradict the complainant’s version of events or demonstrate that the alleged assault did not occur as claimed.
See example:
Successful defence of an intentionally causing injury charge – assault by bottle and related offences
Challenging credibility and reliability
Highlighting inconsistencies in the complainant’s statements, delays in reporting, intoxication, exaggeration, or motives to fabricate or embellish allegations.
Self-defence or lawful excuse
Demonstrating that any force used was reasonable and lawful in self-defence or defence of another person.
Injury and causation disputes
Challenging whether an injury occurred at all, whether it meets the legal definition of “injury” or “serious injury”, or whether it was caused by the accused.
Mistaken identity or factual dispute
Showing that the accused was not present, was wrongly identified, or that the alleged conduct does not satisfy the legal elements of the offence.
An assault charge can have serious flow-on effects, including loss of employment, professional consequences, reputational damage, and strain on family relationships — even if the charge is ultimately withdrawn or dismissed. That’s why a strong legal defence from the outset is essential.
Related outcomes:
The Assault Case Process
The process can feel overwhelming if you’ve never been through it before. Assault matters in Victoria typically progress through the following stages:
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Complaint and police investigation:
A complaint is made to police, who may gather witness statements, CCTV footage, medical records, and other evidence before contacting you.
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Police interview:
Police may request a recorded interview. It is critical to obtain legal advice before deciding whether to participate or answer questions.
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Charges laid and first court date:
If police decide to charge you, the matter is listed for a filing hearing or first mention, usually in the Magistrates’ Court. Bail conditions may be imposed.
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Contested hearing or early resolution:
The matter may resolve early through negotiations, withdrawal of charges, or a plea. If contested, the case proceeds to a hearing where evidence is tested.
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Sentencing outcome:
If you plead guilty or are found guilty, the court will impose a sentence. This may include fines, community correction orders, or imprisonment, depending on the charge and circumstances.
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Appeal options:
In some cases, appeals against conviction or sentence may be available.
Early legal advice can significantly influence the direction and outcome of an assault matter.
How We Can Help
When you contact Pascoe Criminal Law, you’ll receive clear, practical advice and proactive defence from the very first call. Here’s how we work with you:
Urgent initial consultation
We review your assault charge, explain the legal process, and advise on immediate next steps — including any upcoming police interview, bail conditions, or court date.
Focused defence strategy
Your defence is built around what matters most to you, whether that’s avoiding prison, protecting your employment, maintaining your reputation, or minimising long-term consequences.
Transparent costs
You’ll receive a clear costs agreement upfront, so you know exactly where you stand from the outset.
Immediate action
Once instructed, we begin preparing your defence straight away — obtaining the brief of evidence, identifying weaknesses in the prosecution case, and dealing directly with police and prosecutors.
We have successfully defended assault matters across Victoria, achieving outcomes such as charges being withdrawn, downgraded, dismissed, or resolved with more favourable sentencing outcomes.
Understanding the Legal Framework for Assault Offences
Assault offences in Victoria are governed primarily by the Crimes Act 1958 (Vic). These charges are defined by strict legal elements that the prosecution must prove beyond reasonable doubt. Even allegations that appear minor can carry serious legal and personal consequences.
A proper defence requires a clear understanding of how the law applies to your specific circumstances.
Key legal concepts include:
Types of assault offences and their legal elements
Different offences — such as common assault, recklessly causing injury, or intentionally causing serious injury — each have specific elements that must be proven. The prosecution must establish intention or recklessness, the nature of the conduct, and the resulting harm.
Injury, force, and causation
The court must determine whether force was applied, whether an injury occurred, and whether the accused person’s actions legally caused that injury. Medical evidence and witness accounts are often central to this assessment.
Self-defence and lawful excuse
In some cases, a person may be legally justified in using force. Self-defence, defence of another person, or other lawful excuses can significantly affect the outcome of a matter.
Summary vs indictable offences and court jurisdiction
Less serious assault matters are typically heard in the Magistrates’ Court, while more serious injury offences may proceed to the County Court. The classification of the charge affects procedure, potential penalties, and trial process.
Penalties, criminal records, and appeal rights
Assault convictions can result in fines, community correction orders, or imprisonment. A conviction may also impact employment, travel, and future opportunities. In some cases, there may be grounds to appeal a conviction or sentence.
Early legal advice is critical. The approach taken at the investigation stage can significantly influence how an assault matter progresses and ultimately resolves.
Case Studies: Our Results in Assault Offence Defence
Our firm has a track record of achieving positive outcomes for clients facing assault and related violence allegations, including:
(Outcomes depend on the facts of each case. Past results do not guarantee future outcomes.)
Courts We Appear In
We regularly appear in courts across Melbourne and Victoria, defending clients in assault offence matters. Local knowledge of magistrates, judges, prosecutors, and court processes can make a significant difference to your case.
If you’re facing an assault offence charges in any of the above courts, our lawyers can represent you.
Checklist: What To Do If You’re Accused of an Assault Offence
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Do not contact the complainant
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Do not discuss the incident publicly or on social media
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Read all paperwork carefully and note court dates and bail conditions
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Do not participate in a police interview without legal advice
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Gather evidence that may support your account
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Seek urgent legal advice immediately
Glossary of Key Terms
Common Assault:
The unlawful application of force, or a threat of force, that causes another person to fear immediate violence.
Recklessly Causing Injury:
Causing physical injury to another person through reckless conduct.
Intentionally Causing Injury:
Deliberately inflicting injury on another person.
Recklessly Causing Serious Injury:
Recklessly causing serious injury, involving significant or lasting harm.
Indictable Offence:
A more serious offence that may be heard in the County Court or Supreme Court of Victoria.
Summary Offence:
A less serious offence dealt with in the Magistrates’ Court.
Bail:
A court’s permission to remain in the community while your case proceeds, usually subject to conditions.
FAQs About Assault Offence Charges in Victoria
What is classed as an assault offence in Victoria?
Assault offences cover a range of conduct, from threats or unlawful physical contact (common assault) through to causing injury or serious injury. Each offence has specific legal elements that the prosecution must prove beyond reasonable doubt.
Can I be charged even if no one was seriously injured?
Yes. Common assault does not require physical injury — a threat of force or minimal contact may be sufficient. Injury-based assault charges depend on how the law defines “injury” or “serious injury,” not just visible harm.
What if the allegation is false or exaggerated?
False or exaggerated assault allegations can occur, particularly in emotionally charged situations such as relationship breakdowns, family disputes, or incidents involving alcohol. We examine inconsistencies, motive, intoxication, delay in complaint, and supporting evidence (CCTV, messages, witnesses) to challenge the reliability of the allegation.
Can I go to jail for an assault charge?
Some assault offences carry the risk of imprisonment, particularly those involving injury or serious injury. Many cases, especially first-time or lower-level matters, can be resolved without jail through early legal intervention and strategic defence.
Can an assault charge affect my employment and travel?
Yes. An assault charge or conviction can impact employment, professional licences, Working With Children Checks, and overseas travel. Even without a conviction, court proceedings and bail conditions can be disruptive and stressful.
What evidence helps defend an assault charge?
Useful evidence may include:
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CCTV footage or body-worn camera footage
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Text messages, emails, or social media messages
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Call logs and location data
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Medical records relating to alleged injuries
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Witnesses who observed the incident or events before or after
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Evidence supporting self-defence or lawful excuse
The stronger and more coherent the evidence, the better your prospects of defending the charge.
Will my case go to a jury trial?
Many assault charges are dealt with in the Magistrates’ Court. More serious assault offences may proceed as indictable matters and be heard in the County Court, sometimes before a judge and jury. Some matters resolve earlier through negotiation or withdrawal of charges.
Can I appeal if I’m found guilty?
Yes. In many cases, you may appeal against conviction, sentence, or both. Strict time limits apply, so it’s important to obtain legal advice as soon as possible after sentence.
Can assault allegations be false or exaggerated?
Yes. False or exaggerated allegations can occur in assault matters, particularly where emotions are high or there is an ongoing dispute. A defence lawyer can analyse the evidence, expose inconsistencies, obtain supporting material, and seek to have charges withdrawn or dismissed where appropriate.
How does self-defence affect an assault charge in Victoria?
Self-defence is a key issue in many assault cases. The court considers whether the accused believed the conduct was necessary and whether the response was reasonable in the circumstances. Self-defence can be raised as part of a defence, depending on the facts of the case.
What is “reasonable force” under Victorian law?
Victorian law assesses whether the force used was reasonable by considering the surrounding circumstances, including the perceived threat and proportionality of the response. Establishing reasonable force often requires careful legal analysis of the evidence.
Helpful Resources on Assault Offence Charges
For more in-depth insights, read our full blog library:
