Assault Charges in Victoria
The client is facing unlawful assault charges following a domestic dispute in Victoria. During an argument with a partner, the client attempted to take their phone, leading to police involvement and the issuance of intervention orders. Although these orders have since been revoked and the parties have reconciled, the police have proceeded with criminal charges against the client. The client has not received formal documentation of the charges but has been notified via text and email to attend court. The situation centers on the legal implications of the domestic incident and the subsequent police action.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are the potential penalties for an unlawful assault charge in Victoria?
In Victoria, the penalty for an unlawful assault can vary significantly depending on the circumstances and severity of the incident. Typically, an unlawful assault is treated as a summary offence and can result in penalties including fines or imprisonment for up to 2 years. However, if the assault is deemed more serious, such as causing injury or involving aggravating factors, the charge might escalate to an indictable offence, potentially leading to more severe penalties, including longer imprisonment. The court will consider factors such as your intent, the nature of the assault, any past criminal record, and whether the victim was harmed. It's crucial to seek legal advice to understand the specific implications in your case.
How can I prepare for the court appearance regarding these criminal charges?
To prepare for your court appearance on unlawful assault charges, consider the following steps: 1. Seek Legal Advice: Engage a solicitor with experience in criminal law in Victoria for tailored guidance and defence strategy preparation. 2. Gather Evidence: Compile evidence supporting your version of events, such as witness statements or relevant communications. 3. Review Documents: Carefully review any documents or evidence the prosecution may use against you, with assistance from your solicitor. 4. Understand Court Procedure: Familiarize yourself with the court's procedures to ensure appropriate presentation. 5. Character References: Obtain character references which can illustrate your good character in court.
What are my legal options if I believe the charges against me are unjust?
If you believe the charges against you are unjust, you can consider the following options: 1. Seek Legal Advice: Engage a criminal lawyer specializing in assault charges. 2. Gather Evidence: Collect evidence supporting your version of events. 3. Challenge the Evidence: Your lawyer may challenge the validity or admissibility of the evidence. 4. Plead Not Guilty: If you believe you're not guilty, plead not guilty and proceed to trial, where the prosecution must prove the charges beyond a reasonable doubt.
Will the revoked intervention order have any impact on my current criminal charges?
The revoked intervention order itself will not automatically impact your current criminal charges of unlawful assault. The intervention order is a civil matter, while the criminal charges are a separate legal proceeding. However, the circumstances that led to the issuance of the intervention order may be relevant in court.
Is there a possibility to negotiate or reduce the charges before the court date?
Yes, there is a possibility to negotiate or reduce the charges before the court date through plea bargaining. Your solicitor can liaise with the police prosecutor to discuss potential alternatives.
