Assault Offences
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Assault Offences may include assault, recklessly causing injury, intentionally causing injury, recklessly causing serious injury and intentionally causing serious injury.
Penalties range significantly depending on the offence. This may include a simple fine, a community based order or a sentence of imprisonment.
Surrounding circumstances may significantly impact upon the charges, for example, many assaults can occur in heated situations which, allows us to place the event in context before the judge.
Therefore, it is important you receive accurate advice at the earliest stage to achieve the best outcome.
Assault
topCrimes Act 1958 - SECT 31
31. Assault
(1) A person who-
(a) assaults or threatens to assault another person with intent to commit an indictable offence; or
(b) assaults or threatens to assault, resists or intentionally obstructs-(i) a member of the police force in the due execution of duty; or
(ii) a person acting in aid of a member of the police force- knowing that the member or person is such a member or person; or(c) assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person-
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
(2) In subsection (1), assault means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the application of force is-
(a) without lawful excuse; and
(b) with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty-
and results in the infliction of any such consequence (whether or not the consequence inflicted is the consequence intended or foreseen).
(3) In subsection (2) - application of force includes-
(a) application of heat, light, electric current or any other form of energy; and
(b) application of matter in solid, liquid or gaseous form.
Maximum Penalties in Victoria
Imprisonment for 5 years.
Causing injury recklessly
topCrimes Act 1958- SECT 18
18. Causing injury recklessly
A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
Maximum Penalties in Victoria
Imprisonment for 5 years.
Causing injury intentionally
top18. Causing injury intentionally
A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
Maximum Penalties in Victoria
Imprisonment for 10 years.
Causing serious injury recklessly
topCrimes Act 1958- SECT 17
17. Causing serious injury recklessly
A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of an indictable offence.
Maximum Penalties in Victoria
Imprisonment for 15 years.
Causing serious injury intentionally
topCrimes Act 1958- SECT 16
16. Causing serious injury intentionally
A person who, without lawful excuse, intentionally causes serious injury to
another person is guilty of an indictable offence.
Maximum Penalties in Victoria
Imprisonment for 20 years.
If you need legal help with any of the above legal matters from a qualified lawyer in Melbourne or in the State of Victoria then Amad Lawyers can help you.