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Aggravated Assault
Expert criminal defence for Aggravated Assault charges. Our experienced lawyers can help you understand the elements of the offence and build a strong defence strategy.
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Elements of the offence
If you have been charged with aggravated assault, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
For the prosecution to prove the offence of aggravated assault, they must prove that one of the two categories of aggravated assault occurred. The categories can be found in s 24(2) of the Summary Offences Act 1966 (Vic) and are as follows:
1. The accused assaulted a female, or a male under the age of 14 and the Magistrate deems that a charge of assault is too lenient; or
2. The accused assaulted the alleged victim and was assisted in the assault by another person, or they committed the assault by kicking or with the use of a weapon.
For the prosecution to prove the offence of aggravated assault, they must prove that one of the two categories of aggravated assault occurred. The categories can be found in s 24(2) of the Summary Offences Act 1966 (Vic) and are as follows:
1. The accused assaulted a female, or a male under the age of 14 and the Magistrate deems that a charge of assault is too lenient; or
2. The accused assaulted the alleged victim and was assisted in the assault by another person, or they committed the assault by kicking or with the use of a weapon.
Will I have to go to court?
Charges for aggravated assault are most often dealt with summarily in the Magistrates’ Court. However, depending on the circumstances of the offence and any other charges laid, the case may be heard in a higher court; expert legal advice is important in ensuring the most appropriate defence to a charge of aggravated assault.
Once the case goes to court, it is up to the prosecution to prove either of the categories of the offence. It is important that you seek expert legal advice in building a defence as the circumstances surrounding the events that led to the charge can assist in a strong defence argument.
Maximum penalty
The maximum penalty this offence carries is 2 years imprisonment, as it is a summary offence and most often dealt with in the Magistrates’ Court.
What sentences are usually given?
Between 1 July 2011 and 30 June 2016, 129 people were sentenced with aggravated assault as a listed offence. From that number, 57% were given imprisonment sentences, with non-imprisonment sentences included Community Corrections Orders (14%) and fines (4.6%).
Defence strategies
Challenge the Evidence
Examine witness credibility and consistency. Challenge the prosecution's case thoroughly.
Procedural Issues
Identify any breaches in police procedure or evidence gathering that could affect admissibility.
Self-Defence
Establish lawful self-defence or defence of another person where applicable.
Mistaken Identity
Challenge whether the accused was actually the person involved in the alleged offence.
Mitigation
Present compelling mitigation factors to reduce sentence severity if guilty plea is appropriate.
Expert Advice
Leverage expert legal analysis to identify weaknesses in the prosecution's case.
Why Clients Choose Emma Turnbull Lawyers for Aggravated Assault Charges?
Every case is overseen by an Accredited Criminal Law Specialist.
Specialist
Every lawyer on our team focuses exclusively on criminal law and intervention orders - no general practice distractions.
Accredited
Our partners hold specialist accreditation recognised by the Law Institute of Victoria - a qualification held by only a small number of lawyers.
Strategic
No generic advice, just strategic preparation and advocacy designed to protect futures.
Facing Charges of Aggravated Assault?
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