Charged with assault or being investigated by police? Early advice from an experienced criminal lawyer can make a huge difference to the outcome, what you say (or don’t say) in those first hours can shape your entire case. Having a skilled assault lawyer by your side from the start can be the difference between a conviction and a far better result.
Our criminal law team, led by an LIV Accredited Specialist in Criminal Law, represents clients charged with all forms of assault across Melbourne and regional Victoria. We appear daily in the Magistrates’ Court, County Court, and Supreme Court in a wide range of violence and public order matters.
Contact the criminal law team urgently: 0483 949 747 Call as soon as possible, we will advise you on your options and appear for you if required.
Assault charges in Victoria – what you need to know
Assault offences in Victoria range from lower-level common assault through to serious, indictable offences carrying lengthy terms of imprisonment. Even a “minor” assault charge can have serious consequences for your criminal record, employment, travel, and family life.
Police may charge assault in several different ways depending on the allegation, including:
- Common assault
- Assault with a weapon
- Recklessly causing injury
- Intentionally causing injury
- Affray and violent disorder
- Assaulting police or emergency workers
- Family violence–related assault offences
Each charge has specific legal elements the prosecution must prove beyond reasonable doubt. A careful analysis of the brief is essential to identify whether those elements can be challenged, whether the charge is over‑reached, or whether there is a defence such as self‑defence, lawful justification, or lack of intent.
Possible consequences of an assault charge
A finding of guilt for an assault offence can lead to:
- Criminal record: A conviction can affect employment, professional registration, and overseas travel.
- Imprisonment or community-based orders: More serious assaults can attract jail, while others may result in community correction orders, fines, or adjourned undertakings.
- Intervention orders: In family violence or neighbour disputes, the court may also make or extend intervention orders restricting your contact and movements.
- Immigration and licensing issues: Non-citizens and some licence holders (security, trades, professional) may face additional consequences.
Our role is to minimise these risks, by challenging the charge, negotiating appropriate outcomes, or defending the matter at a contested hearing or trial where appropriate.
How our assault lawyers help
Assess the evidence and your options
We obtain and review the prosecution brief, including witness statements, CCTV, body‑worn camera footage, medical reports, and any forensic material. We then advise you on:
- Strengths and weaknesses in the prosecution case
- Available defences, including self‑defence, defence of another, or factual dispute
- Prospects of withdrawal or reduction of charges
- Likely sentencing range if you plead guilty or are found guilty
You get clear, practical advice so you can make informed decisions about whether to contest or resolve the matter.
Defending assault charges
Where you maintain your innocence or the prosecution cannot prove the charge, we prepare a robust defence strategy. This may include:
- Challenging identification evidence and reliability of witnesses
- Testing medical evidence about alleged injuries
- Raising self‑defence or lawful justification
- Excluding unfair or improperly obtained evidence
- Calling defence witnesses and obtaining expert reports where needed
We appear for you at contested hearings in the Magistrates’ Court and at jury trials in the County Court and Supreme Court.
Negotiating charges and outcomes
In many assault matters, negotiation with the prosecution is critical. We regularly:
- Seek withdrawal of charges that cannot be properly made out
- Negotiate reductions from more serious to less serious assault charges
- Agree on summary amendments that reflect what actually happened
- Make detailed plea submissions to minimise penalties where a plea of guilty is appropriate
A well‑prepared plea can be the difference between a conviction and a non‑conviction outcome, or between a community order and imprisonment.
Bail and intervention orders
Assault charges often arise alongside:
- Family violence or personal safety intervention orders
We advise you on how the criminal charges and any intervention order proceedings interact, and appear for you in both where required. Poorly handled intervention order hearings can seriously affect your criminal case and your future contact with family members.
Where we appear
Our criminal lawyers appear in assault matters across Melbourne and Victoria, including:
- Magistrates’ Courts: Ringwood, Moorabbin, Dandenong, Frankston, Heidelberg, Broadmeadows, Sunshine, La Trobe Valley, and others
- County Court of Victoria: Serious assault, injury, and affray charges
- Supreme Court of Victoria: The most serious violence matters
We also attend police stations and remand centres to provide urgent advice and representation.
Legal Aid and private representation
Johnstone & Reimer is on the Victoria Legal Aid Summary Crime Panel, Indictable Crime Panel, and the Sexual Offences and Major Crimes subset of the Indictable Crime Panel.
You may be eligible for legal aid in assault and related criminal matters depending on your financial circumstances and the seriousness of the charges. Our team can quickly assess your eligibility and assist with any Victoria Legal Aid application. If you are not eligible, we offer competitive privately funded rates and transparent cost estimates.
There is no difference in the level of representation between legal aid and privately funded matters, every client receives thorough, professional, and determined advocacy.
Frequently asked questions
Will I go to jail for an assault charge?
The risk of imprisonment depends on the specific charge, your prior history, the level of violence, and any injuries. For lower‑level common assault with no prior record, jail is often avoidable. For more serious offences, such as intentionally causing injury, assaults with weapons, or assaults on emergency workers, the risk of imprisonment is higher, but strong mitigation and early engagement in treatment or counselling can significantly improve your prospects.
What if I was acting in self‑defence?
Self‑defence is a recognised defence in Victoria. The key questions are whether you believed your conduct was necessary to defend yourself (or another) and whether your response was reasonable in the circumstances as you perceived them. We carefully gather evidence—CCTV, witness accounts, prior threats, to support a self‑defence case and challenge any suggestion that your response was excessive.
Do I have to give a statement to police?
You have the right to remain silent and provide a no comment interview. In many assault matters, what you say in an interview becomes the main evidence against you. Get legal advice before speaking to police, often the safest course is to provide your name and address only and decline to answer questions. We can speak to police on your behalf and arrange any interview if appropriate.
Can an assault charge be dropped?
Yes, in some cases. Charges may be withdrawn where the evidence is weak, witnesses are unreliable, CCTV does not support the allegation, or the charge has been over‑laid. Through careful analysis of the brief and targeted written submissions, we regularly persuade prosecutors to discontinue or reduce assault charges. While no outcome can be guaranteed, early legal work greatly increases the chances of a favourable resolution.
What if the complainant wants to “drop the charges”?
Even if the complainant no longer wishes to proceed, the decision to continue or withdraw charges rests with the prosecution, not the complainant. However, a complainant’s attitude can be highly relevant. We advise you on how this may affect your case and, where appropriate, obtain statements or material that can be put before the prosecution or the court.
Speak to an assault lawyer now
Assault matters move quickly, from police interviews and bail decisions to first court dates and intervention order hearings. Getting advice early can protect your rights and improve your outcome.
Call our criminal law team directly for a free consultation on 0483 949 747 or book an appointment online by filling out this form and a member of our team will contact you within 2 business hours:
