Common questions about assault charges in Victoria.

Common assault under section 23 of the Summary Offences Act 1966 covers unlawful contact or threats and carries a maximum of three months imprisonment; aggravated forms under the Crimes Act 1958 carry materially higher penalties.

Common assault under section 23 of the Summary Offences Act 1966 covers unlawful physical contact or threats, with a maximum penalty of three months imprisonment or a fine. The charge is heard summarily in the Magistrates' Court. Aggravated forms sit under the Crimes Act 1958 and include causing injury (section 18), intentionally causing serious injury (section 16), and assault in company. Each carries a substantially higher maximum penalty and, depending on the circumstances, may proceed on indictment to the County Court. The category of charge the prosecution lays will depend on the nature of the conduct, the degree of injury, and whether any aggravating features (weapon, co-offenders, victim vulnerability) are present. Understanding which charge applies to your matter is the first step in working out the realistic range of outcomes.

Not always; outcomes range from diversion with no conviction recorded through to a custodial penalty, depending on the seriousness of the conduct, injuries, prior history, and how the matter is run.

Not always. The range of outcomes for an assault charge in Victoria is wide. At one end, a first-time accused with no prior history and a relatively minor incident may be eligible for diversion under the Criminal Procedure Act 2009, which results in no conviction being recorded if the program is completed. At the other end, matters involving serious injury, weapons, or repeat offending can result in a recorded conviction with a custodial penalty. Between those points sit community correction orders, fines, and adjourned undertakings. The outcome depends on the category of charge, the severity of the conduct, any injury to the complainant, your prior criminal history, and the quality of the legal argument put to the court. An early conversation with a lawyer about the realistic range for your specific matter is worth having before you decide how to proceed.

Self-defence is available under Victorian law where you believed your conduct was necessary and it was a reasonable response to the circumstances as you perceived them, though whether it succeeds is fact-specific.

Self-defence is a complete defence under Victorian law. The test, derived from the Crimes Act 1958, requires that you genuinely believed your conduct was necessary in self-defence, and that the conduct was a reasonable response in the circumstances as you perceived them at the time. Both elements matter: the belief has to be genuine (even if mistaken), and the response has to be proportionate. Courts look at the circumstances from your perspective, not from the perspective of a calm bystander after the fact. Whether the defence succeeds depends heavily on the evidence: what the complainant and any witnesses say happened, what the CCTV shows if there is any, the severity of force used, and who initiated contact. These cases are genuinely fact-specific and the strength of a self-defence argument can only be properly assessed after reviewing the prosecution brief.

Speak to a lawyer first; you have the right to silence beyond your name and address, and what you say in a record of interview can be used as evidence in ways that may limit your defences later.

Speak to a lawyer before you agree to any police interview. Under Victorian law you have the right to silence beyond providing your name and address. That right applies whether you have been arrested, are attending on a summons, or have been asked to come in voluntarily for a record of interview. Anything you say to police, including informal comments before a formal interview begins, can be used as evidence at your hearing. Statements given in interview are frequently used to challenge the consistency of your account and can, in some circumstances, close off defences that would otherwise have been available. That is not to say that cooperation is never appropriate; in some matters a proactive conversation with police can resolve things without charges being laid. But that assessment needs to be made with a lawyer who has looked at the facts, not at the police station under time pressure. If you have been charged or interviewed, contact us before your next court date.

Employers do not receive automatic notification of charges, but certain regulated professions carry mandatory reporting obligations that can trigger employer or regulator review depending on your role.

Employers are not automatically notified when you are charged with an assault offence. There is no general mechanism by which Victoria Police or the court alerts your employer to a charge. However, a number of regulated professions carry their own mandatory reporting obligations and employer conduct requirements that can bring a charge to your employer's or regulator's attention. These include childcare and children's services (Working with Children Check reporting), healthcare and nursing (AHPRA registration obligations), teaching (Victorian Institute of Teaching), security industry roles (Victoria Police Licensing), financial services (ASIC and employer conduct obligations), and legal practice (Legal Services Commissioner). The risk varies significantly depending on your role, your employer's own policies, and whether a conviction is ultimately recorded. We discuss the secondary consequences of a charge, including employment risk, as a standard part of advising on how to run your matter.