Assault, Stalking and Threat Offences
Do you require a lawyer for an assault charge? We provide advice and representation at Court for assault, threat and stalking charges prosecuted under the Crimes Act 1958 Victoria.
The consequences of being found guilty for assault, threats, or stalking offences can vary greatly depending upon the seriousness of the circumstances of the alleged offending.
Some minor categories of assault are prosecuted under the Summary Offences Act 1966 (Vic). At the lowest end of seriousness are the offences of Common Assault and Aggravated Assault which are prosecuted under the Summary Offences Act 1966 (Vic). Other offences such as Stalking, Intentionally/Recklessly cause injury, and Make threat to kill are indictable offences and prosecuted under the Crimes Act 1958 (Vic).
The seriousness of any particular allegation of assault will depend upon a number of factors. In sentencing an offender for an assault the Court will consider whether there are any aggravating features including:
the age of the victim;
whether the offence as committed in company with others;
whether a weapon was used during the assault;
whether the victim was an emergency worker;
whether the victim sustained an injury and the severity of that injury.
Any assault which alleges an injury was sustained is an indictable offence and prosecuted under the Crimes Act 1958 (Vic). Under the Act, an ‘injury’ means:
(a) physical injury; or
(b) harm to mental health
A ‘serious injury’ is defined as an injury that:
(a) endangers life; or
(b) is substantial and protracted
Intentionally and recklessly cause injury are mid-range offences and are frequently heard and finalised in the Magistrates Court. An assault allegation that alleges a serious injury cannot be concluded in the Magistrates’ Court.
So, an offence that features an assault will either be heard in either the Magistrates’ or County Court depending upon on the seriousness of the allegations.
99You can find out more information about Assault offences by reading our blog. You can also learn more about related offences such as Stalking. We have also published some case studies relating to threat to kill and assault charges. See also our overview on self-defence.
Prepare Early and Get Advice
Early preparation is always important. If you require a lawyer for defending assault charges call our office on 03 9668 7600 to arrange an obligation free case assessment.
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For new queries, you can access advice and court representation through phone or video conference (Zoom or Microsoft Teams). We are committed to providing support to our clients through this period of uncertainty. Refer to our services page for a listing of the professional legal services we offer.
CHARGED WITH AN ASSULT OR THREAT OFFENCE?
Fight Charges & Avoid Penalties
CASE STUDY: Assault Charges & Make Threat to Kill
Outcome: Adjourned Undertaking to be of good behaviour for 12 months and to pay $750
into the Court fund.Our client was charged with assaulting the complainant. The background to this offence concerned an argument between our client and the complainant at the home they shared.