Facing Assault Charges? Speak To Our Experienced Assault Lawyers Today
Assault charges in Victoria range from a minor altercation through to serious violent offences carrying up to 25 years imprisonment. Even a common assault conviction can go on your criminal record and affect your employment, your travel, and your professional licences.
Josh Smith Legal has beaten assault charges, had them withdrawn before a hearing, and negotiated serious charges down to lesser offences. We fight every assault case hard.
What You’re Facing
Victorian assault law covers a range of offences. The type of charge determines which court hears it and the penalties available.
| Offence | Maximum penalty (Victoria) |
|---|---|
| Common assault under the Summary Offences Act | Up to 3 months imprisonment |
| Common-law assault | Up to 5 years imprisonment |
| Recklessly cause injury | Up to 5 years imprisonment |
| Intentionally cause injury | Up to 10 years imprisonment |
| Recklessly cause serious injury | Up to 15 years imprisonment |
| Intentionally cause serious injury | Up to 20 years imprisonment |
| Recklessly cause serious injury in circumstances of gross violence | Up to 20 years imprisonment |
| Intentionally cause serious injury in circumstances of gross violence | Up to 25 years imprisonment |
| Stalking | Up to 10 years imprisonment |
| Affray | Up to 5 years imprisonment, or 7 years where the face-covering provision applies |
Intent is everything here. Whether the police say you meant to do it, or were just reckless, changes the charge you face and can add years to the maximum penalty on the exact same facts. That is why how the charge is worded matters as much as what actually happened. These are maximum penalties set by the Crimes Act 1958 and the Summary Offences Act 1966, not likely sentences. For what Victorian courts actually impose, see the Sentencing Advisory Council.
Even the lowest-level assault conviction appears on your criminal record and can affect employment background checks, overseas travel visas, and professional registrations. It pays to fight it properly from the start.
Facing Assault Charges?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Can Assault Charges Be Dropped?
Yes, and it happens regularly when you have experienced representation. At Josh Smith Legal we have:
- Acted in assault investigations where, following early representations, police decided not to lay charges
- Had charges withdrawn before a hearing took place
- Negotiated serious charges down to lesser offences
- Beaten assault charges outright in contested hearings
The earlier you get advice, the more of these options remain open. Where the alleged assault occurred in a family or domestic setting, see our domestic violence lawyers, and where an order has also been made, our intervention order lawyers.
Defences Available
- Self-defence, where you used reasonable force to protect yourself or another person
- Defence of property, in limited circumstances
- Consent, which can be relevant to some assault charges, though real limits apply depending on the conduct and the offence
- Accident, where the act was unintentional and not reckless
- Identification, where you were not the person who committed the act
- False complaint, where the allegation is fabricated or exaggerated
Act Quickly
Getting legal advice early gives your lawyer the best chance of engaging with police or prosecutors before the matter is set down for hearing, which can lead to charges being withdrawn or downgraded entirely.
If your court date is approaching and you don’t yet have a lawyer, call Josh Smith Legal immediately on 03 8658 5872.
Why Choose Josh Smith Legal?
We’ve defended clients against assault charges across all Victorian courts. Here’s what sets us apart.
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A Record Across Every Level Of Assault Charge
From common assault to causing serious injury, we’ve defended clients at every level of assault offending, including matters where charges were withdrawn before a court appearance. Our 4.9-star rating from over 200 Google reviews.
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We’re Available When You Need Us Most
24/7, 365 days a year. The decisions made in the hours after a charge is laid can significantly affect your outcome. We’re available around the clock so you can get the right advice immediately.
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Access To Victoria’s Leading Barristers & King’s Counsel
When a matter is serious, Josh personally briefs some of Victoria’s most highly regarded barristers and King’s Counsel. You get big-firm firepower with small-firm attention.
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We Know How Self-Defence Arguments Are Won
Self-defence is a complete defence to assault. Running it properly takes preparation and a clear account of what actually happened. We have extensive experience doing exactly that.
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Free Case Evaluation
Call us and we’ll explain exactly where you stand: what the charge means, your realistic options, and how we can help. No legal jargon. No obligation.
Were You Defending Yourself?
If you’ve been arrested or charged call us immediately, we’re available 24/7
Charged With Assault? Let Us Help You Get The Best Possible Outcome
Assault charges in Victoria carry consequences that can follow you for life. The outcome isn’t fixed, but it is heavily influenced by the quality of your legal representation and how quickly you act.
We know the courts, we know the law, and we know how to build the strongest possible case, whether that means fighting the charge outright, negotiating with prosecutors, or making submissions that reduce the penalty you face.
Don’t face the Victorian courts alone.
Call 03 8658 5872 for a free initial consultation, we’re available 24/7.
Frequently Asked Questions
What is common assault in Victoria?
Common assault involves intentionally or recklessly applying force to another person without consent, or causing them to believe force is imminent. Physical injury is not required. It is one of the most frequently charged offences in Victoria.
I was defending myself. Can I still be charged with assault?
Yes, police can charge regardless. But self-defence can apply where you believed your actions were necessary to protect yourself or someone else, and your response was reasonable in the circumstances as you saw them. We have extensive experience running self-defence arguments.
Will I go to jail for assault?
For a minor first offence, imprisonment is far from certain, particularly with strong representation. For more serious charges involving injury it becomes more likely, which is exactly why experienced representation matters.
Can an assault charge be kept off my criminal record?
In appropriate cases, particularly for first-time offenders facing minor charges, a non-conviction order or diversion may be available. We’ll give you an honest assessment of what’s achievable in your matter.
This page is general information about assault law in Victoria. It is not legal advice and does not take your circumstances into account. Maximum penalties, procedures and time limits change. For advice on your own matter, call 03 8658 5872.
Every case is different and past results do not guarantee a particular outcome.
