Assault Offence Lawyer Melbourne
- Over 30 years experience in the criminal justice system
- Track record of successβ
- Nationally acclaimed expertiseβ
Free Legal Advice 24/7
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Aggravated Assault
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Wilful Damage
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Common Assault
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Public Display of a Nazi Symbol or the Nazi Salute
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Harassing a Witness
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Recklessly Causing Serious Injury In Circumstances Of Gross Violence
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Affray Charges In Victoria
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Intentionally Causing Serious Injury in Circumstances of Gross Violence
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Intentionally causing Serious Injury
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Recklessly Causing Serious Injury
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Intentionally Causing Injury
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Administering Certain Substances
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Threats to Kill and Assault Offences
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Stalking
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Negligently Causing Serious Injury
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Extortion With Threat to Kill
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Extortion, With Threats to Destroy and/or Endanger Property
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Threatening to Prevent Arrest
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Using a Firearm in the Commission of an Offence
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Being Armed with Criminal Intent
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Kidnapping
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Robbery
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Armed Robbery
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Aggravated Burglary
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Home Invasion
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Aggravated Home Invasion
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Arson
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Criminal Damage
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False Imprisonment
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Public Nuisance
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Riot
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Rout Offence
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Unlawful Assembly
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Intentionally Causing a Very Serious Disease
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Carjacking
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Aggravated Carjacking
If you live in Melbourne and have been charged or may be charged with an assault offence, our experienced criminal assault lawyers at MK Law are here to assist you. Whether this is your first offence or a subsequent one, and whether you need representation at Magistrates Court or advice regarding a police interview, we are available 24/7 for confidential legal advice. You can reach us at 1800 130 120.
We aim to provide the best possible defence to help you achieve a fair and lenient outcome. This can include having charges dismissed or withdrawn (where no conviction is recorded) and even obtaining a costs order against the prosecution, ensuring you are compensated for your legal expenses.
Why Choose Our Lawyers?
When facing assault charges, itβs critical to get legal advice as early as possible, even for advice about your conduct during a police interview. Evidence collected during these interviews can be used in court, so being prepared is vital.
Our assault lawyers are highly experienced in:
- Listening, understanding, and supporting you through this difficult process.
- Liaising and negotiating with law enforcement, the DPP, and the courts on your behalf.
- Reviewing the evidence and allegations made against you to determine the best strategy.
- Obtaining all necessary disclosure items from the prosecution, including subpoenas.
- Representing you in court to achieve the best possible outcome, including reducing penalties, dismissing charges, or negotiating a plea agreement.
What Is Assault?
Assault encompasses a range of unlawful behaviours. Under Sections 16-24 of the Crimes Act 1958 (βCAβ), it includes acts that cause a person to fear immediate and unlawful violence. It is a serious (indictable) offence that can lead to significant penalties and a criminal record.
- Assault involves causing another person to fear immediate violence.
- Battery is the actual application of unlawful contact to another person.
While assault and battery often occur together, it is possible for one to occur without the other. The courts take assault seriously due to the need to protect the safety of our communities. If the victim of the assault dies from injuries, more severe charges like manslaughter or murder may follow.
Examples of Assault and Non-Assault Offences:
Some examples include:
- Punching someone from behind, causing them to fall and sustain serious injuries.
Actions like bumping into someone on a bus donβt usually qualify as assault unless excessive force or intent is involved.
Key Questions Before Pleading Guilty or Not Guilty:
When considering your defence, you should ask:
- Does the prosecution have a strong case against me?
- What were the circumstances of the assault?
- Did I act alone, or was there a co-accused?
- Should I plead guilty or not guilty?
- Are there defences available that could argue my innocence?
Our lawyers will guide you through these questions and help you make an informed decision.
What Must Be Proven in an Assault Case?
To be convicted of assault, the prosecution must prove beyond a reasonable doubt that:
- You intended to make the victim fear immediate violence, or
- You unlawfully applied physical contact to the victim without consent.
Sentencing Considerations:
When sentencing for assault, the court will consider several factors:
- The nature and seriousness of the offence.
- Whether a weapon, drugs, or alcohol were involved.
- Whether the victim was vulnerable or suffered serious injury.
- The offender’s criminal history, personal circumstances, and the level of planning involved.
More serious cases or those involving repeat offenders will result in harsher penalties.
Defences to Assault Charges:
If you plead not guilty, several defences may be available depending on the facts of your case:
- Denial: You did not commit the assault.
- Lack of intent: You did not intend to cause harm.
- Consent: The victim consented to the contact (such as in sports).
- Lawful excuse: You had a legal justification for your actions.
- Self-defence: You were defending yourself or another person from harm.
- Alibi: You were not present when the assault occurred.
- Mistaken identity: Witnesses incorrectly identified you as the perpetrator.
- Procedural fairness: Evidence was obtained improperly and is inadmissible.
Penalties for Assault Offences:
The penalties for assault range from imprisonment to community corrections orders and fines.
Some possible outcomes include:
- Imprisonment: Up to 5 years for reckless assault and up to 20 years for intentionally causing serious injury.
- Fines: Depending on the severity of the assault and whether itβs a conviction or non-conviction offence.
- Diversion programs: Available for first-time offenders or those with mental health issues.
A conviction for assault can have long-lasting consequences, including employment issues, financial pressures, and social and mental health impacts.
-
Aggravated Assault
-
Wilful Damage
-
Common Assault
-
Public Display of a Nazi Symbol or the Nazi Salute
-
Harassing a Witness
-
Recklessly Causing Serious Injury In Circumstances Of Gross Violence
-
Affray Charges In Victoria
-
Intentionally Causing Serious Injury in Circumstances of Gross Violence
-
Intentionally causing Serious Injury
-
Recklessly Causing Serious Injury
-
Intentionally Causing Injury
-
Administering Certain Substances
-
Threats to Kill and Assault Offences
-
Stalking
-
Negligently Causing Serious Injury
-
Extortion With Threat to Kill
-
Extortion, With Threats to Destroy and/or Endanger Property
-
Threatening to Prevent Arrest
-
Using a Firearm in the Commission of an Offence
-
Being Armed with Criminal Intent
-
Kidnapping
-
Robbery
-
Armed Robbery
-
Aggravated Burglary
-
Home Invasion
-
Aggravated Home Invasion
-
Arson
-
Criminal Damage
-
False Imprisonment
-
Public Nuisance
-
Riot
-
Rout Offence
-
Unlawful Assembly
-
Intentionally Causing a Very Serious Disease
-
Carjacking
-
Aggravated Carjacking
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. π Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..πππππππππFirst time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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I am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented ... Read MoreI am jagmohan truely grateful and thankful for Jasmin Dhillon from MK Law who did an exceptional job on my case. She is highly skilled, talented and amazing at what she does. I could not have asked for anymore. I was nervous at first, but Jasmin made me feel at ease and confident going into my case. If I ever have any issues in the future, I will confidently go with Jasmin Dhillon . And thank you to the exceptional MK Law team. Read Less55/5
What happens next?
It is vital that you engage with a criminal defence lawyer as soon as possible after charges have been laid against you. An expert from MK Law will guide you through the process and advise you on the best defence strategy tailored to your specific situation and offence. Donβt delayβcall 1800 130 120 today.
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Contact Us
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Top 5 firms by reputation dealing with traffic and criminal law matters.
- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au