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What Happens If You’re Charged with Assault in Victoria?

 

What Happens If You’re Charged with Assault in Victoria?

Facing an assault charge in Victoria is a serious matter that can affect your freedom, reputation, and future. Whether it was a misunderstanding, self-defence, or a heated moment that got out of control, the legal system treats assault allegations strictly. Understanding what happens next can help you take the right steps to protect your rights.

In this article, we’ll walk you through the process, possible consequences, and how to handle assault charges in Victoria with the support of a skilled criminal defence lawyer.

1. Immediate Aftermath: Arrest or Police Interview

If you’re involved in a situation where someone accuses you of assault, police may:

  • Arrest you on the spot,

  • Issue you a court summons, or

  • Invite you to a “record of interview” at the police station.

Do not panic. At this point, it’s crucial to exercise your right to remain silent and contact a lawyer. Anything you say can be used as evidence later.

2. Charges and Types of Assault

There are several types of assault charges under Victorian law, including:

  • Common assault pushing, slapping, or minor physical harm

  • Assault causing actual bodily harm

  • Reckless or intentional serious injury

  • Aggravated assault – such as against a partner, police officer, or with a weapon

The seriousness of the charge will determine whether it’s handled in the Magistrates’ Court or escalated to the County Court.

3. Bail or Remand Decision

Once charged, police may:

  • Grant you bail (with or without conditions),

  • Or keep you in custody (remand) until your court appearance.

If bail is refused, you may need to make a formal bail application in court.

4. First Court Appearance – Mention Hearing

Your first court appearance will likely be a mention hearing in the Magistrates’ Court. At this stage, you or your lawyer can:

  • Request police evidence (called a brief of evidence),

  • Seek more time to prepare a defence, or

  • Indicate whether you’ll plead guilty or not guilty

This is not the final hearing but sets the tone for what’s to come. Having strong legal representation early is key.

5. Possible Outcomes

Depending on your plea, evidence, and the seriousness of the offence, outcomes can include:

  • Case withdrawal (due to lack of evidence)

  • Diversion program (for first-time offenders, avoids conviction)

  • Fine or community correction order

  • Suspended sentence or prison

The court also considers factors like:

  • Your criminal history

  • The circumstances of the assault

  • Whether you show remorse or take responsibility

  • Whether you’ve sought counselling or anger management

6. Why Legal Representation Matters

Assault charges, even minor ones, can lead to a criminal record that may affect your job, travel, and reputation. A qualified lawyer can:

  • Examine police evidence for weaknesses

  • Argue for lesser charges or diversion

  • Represent you in court and negotiate sentencing

  • Help protect your long-term future

If you're dealing with assault allegations, it’s best to speak with professionals like Marcellus Law who have extensive experience handling criminal matters across Victoria. Their calm, expert guidance can make a big difference in the outcome of your case.

7. What to Do Next

If you’ve been charged or expect to be charged with assault in Victoria:

  1. Don’t talk to police without legal advice

  2. Gather any evidence or witness contact details

  3. Stay off social media about the incident

  4. Call an experienced criminal lawyer immediately

Early legal support could mean the difference between walking away with no conviction—or facing serious penalties.

Final Thoughts

Being charged with assault in Victoria is overwhelming, but you’re not alone. Understanding the legal process and getting early legal support is your best defence. With the right team, you can challenge the charge, reduce penalties, or even have the case dropped entirely.

For compassionate and expert help, reach out to Marcellus Law a trusted name in Melbourne’s criminal defence landscape.

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Location: Melbourne VIC, Australia

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