What's happening?
Assault charges cover a wide spectrum, from common assault involving no physical injury through to more serious charges where injury is alleged. The specific charge laid by police will depend on what is alleged to have happened, any injuries said to have been caused, and the circumstances surrounding the incident.
Many assault matters arise from situations that escalated quickly, such as an argument, a family dispute or an incident in a public place, and often there are two very different accounts of what occurred. Understanding exactly what has been alleged, and what evidence supports it, is an important early step.
What could it mean for me?
- An assault conviction can affect employment, particularly in roles requiring a working with children check or security licence.
- More serious assault charges can carry the possibility of imprisonment depending on the circumstances and criminal history.
- Bail conditions may prevent contact with the alleged victim or restrict where you can go while the matter is ongoing.
- A related AVO application is common in assault matters, particularly involving family members or partners.
- The outcome can depend heavily on witness accounts, CCTV, medical evidence and any admissions made to police.
What are my options?
- Contesting the charge where there is a factual dispute or issue with the evidence.
- Raising self-defence or other legal defences where the circumstances support it.
- Negotiating with the prosecution about the specific charge laid, where appropriate.
- Pleading guilty and focusing on mitigating factors relevant to sentencing.
- Seeking access to support programs where relevant to the underlying circumstances.
What happens next?
- Avoid contacting the alleged victim or witnesses directly, particularly if bail conditions are in place.
- Get advice before participating in any police interview about the incident.
- Collect any evidence supporting your version of events, such as messages, footage or witnesses.
- Attend your first court date and obtain advice on the evidence once available.
- Discuss with your lawyer whether the matter is suited to negotiation or a defended hearing.
How can MGE Lawyers help?
We advise clients on the full range of assault charges, helping them understand what has been alleged and what the prosecution needs to prove. We look closely at the evidence, including any footage, medical reports or witness statements, to identify where the case may be contested.
Where a charge is not going to be contested, we focus on preparing strong material for sentencing to put your circumstances fairly before the court. We keep communication clear throughout, particularly where related matters such as an AVO are also in play.