Unlawful assault is one of the serious crimes under Victorian law, and it can lead to very serious implications in the legal system. Therefore, one must know what unlawful assault means and the range of possible assault charges that can be slapped on an accused. Knowing the appropriate responses to charges of unlawful assault is also important. Let’s discuss what’s assault under common law, covering key terms such as indictable assault, common assault, and recklessly causing injury.
Unlawful assault occurs when a person intentionally or recklessly applies force to another person without their consent. This force may be physical, like punching or shoving, or may be non-physical, like threatening to inflict injury. The hallmark of common law assault is that no right or justification exists under law for using force. This means that even in the absence of actual bodily injury, the act can be considered assault if it places a reasonable fear of imminent harm in the victim.
Types of Assault Charges
In Victoria, various contextual factors and the severity of the victim’s physical or psychological injury determine the legal classification of assault offences. Understanding the finer points of potential charges is crucial for anyone seeking to understand the legal implications of an assault charge.
- Common Assault: This is the most basic kind of assault in common law. It entails putting forth a force or threat of application without resultant grievous harm. Despite the apparent minor nature of common assault, there are penalties for this, such as fines, community service, and imprisonment. Such cases are usually tried before a Magistrate’s Court.
- Indictable Assault: Indictable assault is more serious and generally involves either causing grievous injury or the use of a weapon during the act of assault. These are usually cases heard in higher courts and carry heavier sentences, even imprisonment for longer terms.
- Recklessly Cause Injury: It means that a person caused harm to another without intent to do so but was reckless while doing it. For instance, if an individual unintentionally injures someone in the middle of a crowd, they face liability for reckless injury. Such crimes are serious and the punishment can be severe.
- Causing injury Recklessly: Similar to recklessly causing injury, this charge involves causing harm through reckless behaviour. However, this charge often involves a higher level of injury or specific circumstances that make the incident more severe.
What You Should Do If You Are Charged with Assault
It can be quite daunting and frightening to face an assault charge. After facing an assault charge, the decisions you make can significantly impact the outcome of your case. So, getting things right is crucial. If you have been charged with assault, then acting promptly and getting professional help from an attorney is very important. Here are critical things that you should do:
- Document the Incident: Write down everything you remember about the incident as soon as possible. Don’t forget to include details like the time, location, any witnesses, and the words or actions that occurred. This information can be valuable to your legal team when building your defence. Gather witnesses’ contact information; they may testify in your favour.
- Gather Evidence: Investigate and gather relevant evidence to prove your innocence or help reduce the gravity of the charges against you. This may include photos, videos, medical records, and any other papers that may be relevant at the trial. If the scene of the crime was in a public place, CCTV footage may depict the truth of the incidents. Your lawyer can obtain and retain this evidence.
- Remain Calm and Cooperative: While intimidating, it is important not to get overwhelmed by assault charges and remain calm and cooperate with law enforcement. Do not give them statements or admissions without consulting with a lawyer.
- Seek Legal Representation:
Charges of assault may be quite complex and punishments can be severe. Getting an experienced criminal lawyer to represent you will enable you to know your rights, charges against you, and even the best defence strategies.
- Understand the Charges: Whether you are facing common assault or indictable assault charges, it is vital to understand the specifics of the charge. Your lawyer can explain each charge’s legal definitions and potential penalties. Ask your lawyer for regular updates on your case, and make sure you understand the next steps. This will help you remain prepared and reduce anxiety during what can be a challenging time.
- Prepare A Strong Defence:Depending on the circumstances, several defence strategies may be available, such as self-defence, lack of intent, or mistaken identity. Your lawyer will work with you to build a strong case.
- Know Your Bail Conditions: If the court grants you bail, be aware of the conditions. Violating bail conditions can lead to further legal trouble, including being remanded in custody until your trial. Stay in regular contact with your lawyer and comply with all court orders.
- Attend All Court Dates: Failing to attend court can lead to further legal complications. Ensure you attend all scheduled court appearances and follow your lawyer’s advice. In case of any pressing requirement, make sure you keep your lawyer informed. Needless to say, your reason must be worth considering.
- Avoid Discussing the Case: It’s natural to want to talk about the situation with friends or family, but be cautious. Anything you say could potentially be used against you in court. Avoid discussing the case on social media or with anyone other than your lawyer. Keep all communications about the case confidential to protect your legal position.
Conclusion
It can be a daunting experience to face assault charges, however understanding the legal landscape and taking the proper steps will make a major difference in your case. Be it common law assault or a more serious indictable assault, having suitable legal representation makes all the difference. We have experience defending clients against assault charges at Sher Lawyers. Contact us today to discuss your case and see how we can help.
UnLawful Assault FAQs
If a person applies force intentionally or with negligence on another person without consent, it is called unlawful assault. Such an act is considered a serious criminal offence in Australia, which may result in severe legal consequences.
The penalties for unlawful assault vary depending on the severity of the offence and the
jurisdiction, it can range from fines to 25 years’ imprisonment.
Unlawful assault is the intentional inflicting of harm or placing in fear of harm to a person without legal justification, whereas self-defence is a legal justification for using reasonable force to save oneself or others from harm.
According to Australian law, assault does not necessarily include physical contact or injury before it can be regarded as a criminal offence. As such, any deliberate act that puts a person in reasonable fear of violence even in the absence of physical injury is regarded as assault under the law.
If you are charged with an unlawful assault, it will be to your advantage to seek representation from a criminal defence lawyer such as Sher Lawyers. They will enable you to understand the nature of the charges against you, inform you of your rights, and help design a
proper defence strategy against the accusations. It does help to have a knowledgeable guide by your side during a time like this.
Yes, a verbal threat can be classified as unlawful assault if it causes the person to fear
immediate and unlawful violence. The threat must be perceived as imminent and create a genuine fear of physical harm.
Defences against an unlawful assault charge in Australia can include self-defence, where the accused reasonably believed it was necessary to protect themselves or others; duress, where the accused was forced to act against their will; or lack of intent, where the accused did not intend to cause fear or harm. A criminal lawyer would be able to give you the best advice on
this.
Yes, unlawful assault is a criminal offence in all states and territories of Australia. It is governed by various state and territory laws, but the general principles of assault being a criminal act apply uniformly across the country.
To report an incident of unlawful assault in Australia, you should contact your local police station or call the emergency number 000 if the situation is urgent. You can also visit a police station in person to file a report. It's important to provide as much detail as possible about the incident and any evidence you may have.
