When it comes to crimes in Victoria, assaults are one of the most common and dangerous types. If the attack happened in a certain way or caused certain injuries, the crime and punishment are different. If you are charged with common assault, you will go to the Magistrates' Court or the Children's Court. If someone is charged with common assault in Victoria, they may have a way to fight the charges. Here are some of them in brief, but you can get more information and help from a lawyer. A person who is being accused can also use a true defence, like an alibi. Also, you will surely want to know if an assault charge can be dropped. When this happens, it's important to rely on skilled and experienced assault lawyers in Melbourne who can help you understand the process and find the best solution.
Kinds Of Assaults
The following are examples of assault crimes:
- Assaults: These are more serious, including those that hurt someone on purpose or by accident, threats to kill or seriously hurt someone, and some attacks that are sexual in nature.
- Common Assault: Common assault can be done either by law or by common sense. It is a crime if someone hits or attacks someone else. Under the Summary Offences Act, the worst punishment for common assault is either a 15-unit fine or three months in jail.
- Assault with a Weapon: There are two types of aggravated assault in Victoria: assault on a victim who was a child under 14 or a woman, and assaults with more than one person involved, kicking, or the use of a weapon. For these crimes, the harshest punishments range from 25 penalty units (six months in prison) to two years in prison.
- Assaults with More Force: The Crimes Act has five different crimes for attacking someone or threatening to attack them with the purpose to hurt them or being careless about hurting them. "Assault" refers to any direct or indirect use of force against a target. Some of these crimes include assault with the intent to commit an indictable crime (like murder), assault on a police officer, and assault on an emergency worker. The harshest punishment for all of them is five years in jail. These crimes are handled in the County Court unless the person accused agrees to have a magistrate handle the case quickly.
- Creating Harm on Purpose or Without Thinking: The Crimes Act 1958 lists several crimes that can be committed when someone hurts someone else on purpose or without thinking. These range in severity, from crimes that cause major harm in situations of gross violence (like when an attack is planned or done by a group) to crimes that cause harm on purpose or without thinking. The harshest punishments for these crimes range from twenty years to five years in prison. In every case, the person must be given a minimum sentence of time in jail and not being able to get parole unless the court finds a good reason not to follow this rule. Understanding what constitutes aggravated burglary and its penalties is crucial, as these can differ significantly from those for assault charges.
- Threats to Kill or Hurt Someone Seriously: Making threats to attack is a different crime. Threatening to kill someone or seriously hurt someone is a crime under the Crimes Act. These crimes are each punishable by ten or five years in jail, which means they are heard in the County Court unless the person accused chooses to have them heard by a magistrate instead. The legal consequences of domestic violence can be severe, often resulting in both criminal charges and civil penalties, including restraining orders and mandatory counseling.
- Indecent Assaults: In Victoria, it is illegal to assault someone sexually and it is also illegal to attack or threaten to attack someone with the purpose to rape them. The highest sentence for both crimes is ten years in prison.
Ways To Fight Assault Charges
If you are charged with assault, you may have more than one way to defend yourself. Some of these are coercion, self-defence, and mental illness. You should talk to a criminal lawyer about your case to find out if there are any legal arguments you can use.
Self-Defence as a Defence
If someone acts in self-defence, they are not breaking the law. The accused will not be found guilty if the court is convinced that they had a good reason to think that their actions were necessary for self-defence and that what they did was appropriate for the threat they perceived.
The Argument of Being Forced
Common assault is not a crime if the person was forced to do it. For someone to be under coercion, they must act out of fear that someone will carry out a threat if they don't do what the other person wants.
Reasonable Reprimand as a Defence
Assaulting a child is not illegal if the person was punishing the child for bad behaviour and they were the child's parent or acting on behalf of the child's parent; the level of force used was reasonable given the child's age, maturity, and health; and the behaviour was not severe.
The Argument of Being Too Young
If a person was younger than the age of criminal responsibility when the crime is said to have been committed, they are not guilty of the crime. In Victoria, the age of criminal responsibility is ten years old. A person under 14 years old can only be found guilty of a crime if the court is convinced that they had the mental capacity to understand what they were doing.
Conclusion
In Victoria, assaults can encompass a range of different crimes, each with its level of seriousness and corresponding punishment. The legal system provides several avenues for defence, such as self-defence, coercion, and reasonable reprimand, highlighting the importance of obtaining quality legal assistance. Recent changes to the law and the establishment of rights under the Crimes Act and the Summary Offences Act demonstrate a commitment to fair treatment and justice for all. Anyone charged with assault needs to understand these legal details to navigate the court system effectively and protect their rights.
