If you have been charged with aggravated assault, here is some information to know and consider in seeking legal advice with Emma Turnbull Lawyers.
Elements of the offence
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:
- 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
- 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.
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%).
What do I do now?
To ensure the best chance of a successful defence, it is important to get in contact with an expert criminal lawyer as soon as possible. At Emma Turnbull Lawyers, we have experienced criminal defence lawyers who can assist you in defending this charge.