An aggravated assault charge can arise from circumstances that make an alleged assault more serious, such as where more than one person is involved, a person is kicked or a weapon or other instrument is allegedly used.
Galbally Parker’s criminal defence lawyers regularly represent clients facing aggravated assault and other violent offence allegations throughout Melbourne and Victoria. We look carefully at the circumstances of the incident, the role attributed to each person involved and whether the evidence actually supports the aggravated form of the charge.
Speak to our team to find out your rights and how we can help you.
Aggravated Assault in Victoria
Aggravated assault is an offence under section 24 of the Summary Offences Act 1966 (Vic).
The legislation covers several different circumstances.
Under section 24(1), an assault against a male child under 14 or a female may be treated as aggravated where the Court considers the assault too serious to be sufficiently punished as common assault.
Section 24(2) also applies where a person:
- assaults another person in company with one or more other people
- kicks another person
- assaults another person with a weapon or other instrument.
These distinctions matter because the prosecution needs to prove the circumstances that make the alleged assault aggravated, not simply that an assault occurred.
For a broader comparison of assault offences, see The Law Surrounding Different Assault Offences.
Penalties for Aggravated Assault
The maximum penalty depends on which part of section 24 applies.
An aggravated assault under section 24(1) carries a maximum penalty of 25 penalty units or six months’ imprisonment.
An assault committed in company carries a maximum of 12 months’ imprisonment, while assault by kicking or with a weapon or instrument carries a maximum of two years’ imprisonment.
The Victorian Law Reform Commission’s overview of assault offences also explains the distinction between aggravated assault and other Victorian assault offences.
The maximum penalty does not determine the sentence in an individual case. The outcome will depend on the circumstances of the offending, the person’s history, the way the matter resolves and other sentencing considerations.
Defending an Aggravated Assault Charge
In our experience, one of the key questions in these matters is often not simply whether an incident occurred, but whether the evidence proves the particular circumstances alleged by police.
For example, where several people were present, we look closely at what each person is alleged to have done. Being present during an altercation is not the same as proving that a person participated in an assault.
Where a weapon is alleged, we consider what the object was, how it was allegedly used and what evidence supports that account.
Our review may include:
- CCTV and mobile phone footage
- witness statements
- body-worn camera footage
- photographs
- medical evidence
- text messages and other communications
- evidence about who was present and each person’s involvement
- inconsistencies between the complainant’s account and other evidence.
We also consider whether a lawful defence, including self-defence, may apply.
Where the evidence does not support the charge, there may be a basis to seek its withdrawal or negotiate about which charges should proceed.
Police Interviews and Early Evidence
Aggravated assault allegations can be investigated before a person is formally charged. If police want to interview you, getting advice beforehand allows you to understand your rights and the allegation before deciding how to respond.
Early advice can also be important because some evidence does not remain available indefinitely.
We have dealt with assault matters where CCTV, witness accounts and communications have materially changed the way the allegation looks once compared with the police version of events.
If you know that footage, messages, photographs or witnesses may be relevant, tell your lawyer as early as possible so that the material can be considered and, where appropriate, preserved.
If You Intend to Plead Guilty
Not every aggravated assault matter is contested.
Where a client accepts responsibility, our focus shifts to whether the charges properly reflect what occurred and how the plea should be prepared.
This can include considering:
- whether the prosecution will accept a different or reduced charge
- the client’s personal circumstances
- steps taken since the incident
- treatment or rehabilitation
- employment and family responsibilities
- character and supporting material
- the consequences of a conviction.
Preparation before the plea hearing can make a significant difference to the information available to the Court when sentence is imposed.
Why Choose Galbally Parker?
Assault and violent offending are a significant part of Galbally Parker’s criminal defence practice.
We approach aggravated assault matters by examining the circumstances that are said to make the allegation aggravated, as well as the underlying assault itself. This can involve analysing evidence about multiple participants, weapons, CCTV, injuries and competing witness accounts.
Our role may involve seeking withdrawal or reduction of charges, preparing a contested defence or, where a client intends to plead guilty, preparing the matter carefully for sentencing.
For information about other assault allegations, visit our Assault Lawyers page.
Speak With an Aggravated Assault Lawyer
If you have been charged with aggravated assault or police want to interview you about an allegation, contact Galbally Parker to discuss your circumstances and the next steps.
Book a Free 15 Minute Tele-consultFrequently Asked Questions About Aggravated Assault
Is aggravated assault different from common assault?
Yes.
Common assault is dealt with under section 23 of the Summary Offences Act, while aggravated assault is dealt with under section 24.
Aggravated assault applies where particular circumstances specified by the legislation are present, such as an assault in company, kicking or the use of a weapon or instrument.
Does someone have to be seriously injured for aggravated assault to be charged?
No. Aggravated assault under section 24 is not defined by the victim suffering a serious injury.
This is an important distinction. Where injury or serious injury is alleged, police may consider separate offences under the Crimes Act 1958.
We therefore look carefully at the actual charge sheet rather than treating every serious-sounding assault allegation as the same offence.
What does assault “in company” mean?
Section 24(2) specifically provides for an aggravated assault where a person assaults another person in company with one or more other people.
Where several people were present during an incident, we look closely at the evidence about each person’s role. A group altercation can produce very different allegations against different people, and it is important to establish precisely what the prosecution says the individual accused actually did.
Can an aggravated assault charge be withdrawn?
Yes, where there is a proper basis to seek withdrawal.
We have acted in aggravated assault matters where the prosecution ultimately withdrew the charge after concerns about the evidence were raised.
The relevant issue is not simply whether the accused denies the allegation. We look for identifiable problems in the prosecution case, such as witness reliability, inconsistencies, CCTV, questions about individual involvement or difficulties proving the circumstances said to make the assault aggravated.
Can self-defence apply to aggravated assault?
Yes, depending on the circumstances.
Where self-defence is raised, we look at what was happening before the alleged assault, what the accused believed at the time and why they responded as they did.
This can be particularly important in fast-moving incidents involving several people, where CCTV or independent witnesses may provide important context that is not apparent from one person’s account.
Does an aggravated assault charge mean I will go to prison?
No. Although imprisonment is within the maximum penalties for aggravated assault, that does not mean imprisonment follows automatically from a charge or even a finding of guilt.
The outcome depends on the particular section charged, the facts of the case, the person’s circumstances and how the matter resolves.
Before advising a client about likely outcomes, we first need to understand the exact charge and evidence rather than relying on the maximum penalty alone.