Assault charges in Victoria cover a wide spectrum — from common assault and unlawful assault at the lower end through to recklessly causing serious injury and intentionally causing serious injury at the more serious end. The Court where your matter is dealt with, and the realistic outcomes, depend significantly on what you have been charged with.
Assault offences in Victoria
The Crimes Act 1958 (Vic) sets out the main assault-related offences:
- Common assault and unlawful assault
- Recklessly causing injury
- Intentionally causing injury
- Recklessly causing serious injury (RCSI)
- Intentionally causing serious injury (ICSI)
- Affray
- Threats to kill or inflict serious injury
Lower-end assault matters are typically dealt with summarily at the Magistrates’ Court. More serious matters, particularly intentionally causing serious injury, are indictable offences dealt with at the County Court.
What happens at the Ballarat Magistrates’ Court
Assault matters in the Ballarat region typically begin at the Ballarat Magistrates’ Court at 100 Grenville Street South. The matter may be:
- Dealt with summarily at the Magistrates’ Court (most lower-end matters)
- Committed to the County Court for trial (more serious matters)
- Resolved by plea, either summarily or to a reduced charge
Defences to assault
Common defences and mitigating factors in assault matters include:
- Self-defence
- Consent (in limited circumstances)
- Duress
- Accident
- Lack of intent (for offences requiring proof of intent)
A criminal defence lawyer will examine the available evidence — witness statements, CCTV, medical reports, prior history — to identify available defences and the appropriate mitigation strategy.
Family violence assault matters
Assault matters in the context of family violence are treated with particular seriousness in Victoria. They will often involve associated family violence intervention order (FVIO) proceedings, and a contravention of an intervention order is itself a criminal charge.
If you are facing both criminal assault charges and intervention order proceedings, you need a lawyer who can run both matters together strategically. See our intervention orders in Ballarat page for more on the order side.
Our recommendation
We recommend McMahon Criminal Defence Lawyers for this type of matter in Ballarat. The firm’s office is directly opposite the Ballarat Magistrates’ Court on Dana Street, principal lawyer Luke McMahon brings 10+ years’ experience across Government and private criminal practice, and the firm charges fixed fees for Magistrates’ Court matters.
Phone: 0493 710 531
Website: www.mcdl.com.au
Free 30-minute initial consultation.