Given today’s economic situation, political frictions, and ramifications of the pandemic, tensions are running high. Acts of violence are on the increase. Get a good criminal defence lawyer promptly if you are charged with a crime.
Definition of Violent Behaviour
Violent behaviour is defined as any act that injures another person in a way that undermines their health or wellbeing. It could also be an act that makes someone afraid, and the injury might involve pain or bruising. Violent behaviour is punishable, and it could lead to serious sanctions.
Physical contact is not a requirement for a crime to be committed. Leading someone to believe that you are capable of violence is sufficient. Various acts are punishable:
- Threatening to hurt a person.
- Physical acts of intimidation like towering over someone to show dominance. A crime can be committed even if you do not intend to hurt someone.
Violence Related Charges
If you are the perpetrator of a violent act, the crime that you are charged with will be determined after considering the following factors:
- The injuries inflicted on the victim.
- Your intention.
- What you should have appreciated would have occurred as a consequence of your actions.
The usual crimes that are associated with violent behaviour could be any of the below mentioned:
- Assault (sexual, unlawful, and common assault).
- Affray.
- Inflicting injury or severe injury.
- Homicide.
- Aggravated burglary.
- Robbery
- Threatening to murder or cause serious harm
Your criminal defence lawyer can explain the various charges and implications thereof.
Why the Level of the Charge Matters So Much
Violence offences in Victoria sit on a spectrum, from unlawful assault through to serious injury offences heard in the higher courts. The charge police choose does not always fairly fit what happened, and it affects which court hears your matter, whether diversion is available, and how it follows you through employment checks. Where an offence is alleged to have been motivated by prejudice, the stakes rise again, so it helps to understand how criminal defence lawyers deal with hate crimes.
Self-Defence and Other Defences
Not every violent act is a crime. In Victoria, you are entitled to defend yourself or another person, provided you believed your actions were necessary and your response was reasonable. Once self-defence is properly raised, the prosecution must disprove it. Your lawyer will gather CCTV and witness accounts early, because the footage police rely on can also show you being struck first.
How Pub and Street Incidents Typically Play Out
Many violence charges arise from alcohol-fuelled incidents outside venues or on the street. These cases have recurring weaknesses a lawyer knows how to test:
- CCTV footage is often incomplete or missing the crucial seconds before the first punch.
- Witnesses were usually affected by alcohol or saw only part of the incident.
- Crowded, dark venues produce mistaken identifications, and sometimes the wrong person is charged.
What Happens After You Are Charged
You will usually be interviewed by police, then either bailed or summonsed to court. Anything you say in the interview becomes evidence, so get legal advice before the interview, not after. You are generally entitled to remain silent beyond providing your name and address.
From the first mention hearing, your lawyer can obtain the police brief and advise whether to contest, negotiate, or resolve early. If the other person no longer wants the matter to proceed, that alone does not end the case. Our guide on how assault charges can be dropped explains what a complainant’s wishes do and do not change.
How a Defence Lawyer Negotiates and Tests the Evidence
Much of the defence work happens outside the courtroom. Your lawyer can:
- Analyse the police brief for gaps and inconsistencies.
- Make submissions seeking withdrawal or a downgrade to a less serious charge.
- Push for diversion where eligible.
- Challenge identification and CCTV evidence at a contested hearing.
A downgrade to a lower-level charge can be the difference between a lasting conviction and a matter resolved quietly.
Penalties for Violent Acts: You Need a Good Criminal Defence Lawyer
Sanctions for perpetrators of violence include fines. You may be imprisoned. The court may require that you be involved in a diversion programme.
Diversion programmes are designed to address your matter outside the judicial system, which will allow you to avoid a criminal conviction.
Certain requirements need to be adhered to before criminal charges are dropped.
- You might need to apologise to the victim in writing.
- The court might order you to undergo counselling.
- You could be required to attend a course.
- The judge might rule that you make a donation to charity.
- You may be requested to undertake counselling.
If you adhere to these requirements, law enforcement will drop all charges. You will not be found guilty, and you will also escape a criminal conviction.
Other penalties include intensive correction orders or financial reparation to the victims.
Seek legal advice immediately so you can be acquitted of your crime, or your criminal defence lawyer can argue for a lighter sentence on your behalf. Better still, your legal representative could argue for a diversion programme so that you can avoid a criminal record together.
Practical Dos and Don'ts After a Violence Allegation
What you do in the first days can shape the entire case:
- Do not contact the other person involved, directly or through friends or social media. It can lead to further charges or breach bail conditions.
- Do not post about the incident online.
- Do preserve evidence: save messages, photograph your injuries, and write down your recollection while fresh.
- Do get legal advice before any police interview, even if you did nothing wrong.
Conclusion
No one plans to end up on the wrong side of the law. For whatever reason, you might find yourself accused of a violent crime. You need top-tier legal representation from experienced assault lawyers in Melbourne. Contact the best criminal defence lawyers in Melbourne.
