Physical assault allegations can result in very different charges depending on what is alleged to have happened, whether an injury was caused and the seriousness of that injury.
Galbally Parker represents clients facing physical assault and violent offence allegations throughout Melbourne and Victoria. We examine the circumstances of the incident, the medical and forensic evidence and whether the prosecution can prove both the alleged conduct and the injury said to have resulted from it.
Speak to our team to find out your rights and how we can help you.
Physical Assault Charges in Victoria
“Physical assault” is a broad term rather than one specific criminal offence in Victoria.
Depending on the circumstances, an allegation involving physical violence may lead to charges including common assault, intentionally or recklessly causing injury, intentionally or recklessly causing serious injury, or other assault-related offences.
The distinction matters. Different offences require the prosecution to prove different elements and carry different potential penalties.
For lower-level allegations that do not involve injury, see our Common Assault Lawyers page. You can also read The Law Surrounding Different Assault Offences for a broader explanation of how Victorian assault charges differ.
Assault Charges Involving Injury
Where physical violence is alleged to have caused injury, police may consider offences under the Crimes Act 1958 (Vic).
Section 18 deals with intentionally and recklessly causing injury. More serious allegations can involve intentionally or recklessly causing serious injury.
The nature of the injury is therefore an important part of these cases, but it is not the only issue.
The prosecution may also need to prove the accused person’s state of mind. Whether the allegation is that an injury was caused intentionally or recklessly can materially change the charge and the way the case needs to be defended.
Medical and Forensic Evidence
Physical assault cases can depend heavily on medical and forensic evidence.
We look at whether the injuries relied upon by police are consistent with the alleged assault and whether there may be another explanation for how they occurred.
Depending on the matter, this can involve:
- hospital and medical records
- photographs of alleged injuries
- forensic reports
- CCTV and mobile phone footage
- witness statements
- expert medical evidence
- the timing and development of the alleged injuries.
In more serious cases, we may obtain advice from an independent medical or forensic expert rather than relying solely on the evidence provided by the prosecution.
Our experience is that medical evidence should not be considered in isolation. It needs to be assessed alongside the accounts given by the people involved and the other available evidence.
Understanding What Happened Before the Assault
Context can be particularly important in physical assault matters.
CCTV may show part of an altercation without showing how it began. Witnesses may disagree about who initiated the confrontation. Injuries may establish that physical contact occurred without necessarily proving who was legally responsible for it.
We therefore look at the sequence of events rather than focusing only on the moment force was allegedly used.
This can also be important where self-defence is raised. The question is not simply whether the accused used force, but why they believed force was necessary and whether their response was reasonable in the circumstances as they perceived them.
For more information, read Examining the Use of Self-Defence for Assault-Related Charges in Victoria.
Defending Physical Assault Charges
The approach to a physical assault case depends on what is actually disputed.
In some matters, the client denies using force at all. In others, physical contact is accepted but there is a dispute about who initiated the confrontation, whether the accused was acting in self-defence or whether the alleged injuries were caused in the way police suggest.
We may consider:
- whether the prosecution can prove each element of the charge
- whether the complainant and witness accounts are consistent
- whether CCTV or other recordings support the allegation
- whether the medical evidence supports the prosecution case
- whether the accused acted intentionally or recklessly
- whether self-defence or another lawful defence applies
- whether the charge accurately reflects the alleged conduct and level of injury.
Where the evidence does not support the charge, there may be a basis to seek its withdrawal or reduction.
If You Intend to Plead Guilty
Where a client accepts responsibility for an assault, careful preparation remains important.
We consider whether the charges accurately reflect the client’s involvement and whether there is scope to negotiate the way the matter resolves.
Preparation for sentencing may also include treatment or rehabilitation, medical or psychological material, employment information, character references and evidence of steps the client has taken since the incident.
The objective is to ensure the Court receives a complete picture of both the offending and the person being sentenced.
Why Choose Galbally Parker?
Physical assault cases can involve complex questions about injury, medical evidence, intent, self-defence and competing versions of the same incident.
Galbally Parker has extensive experience defending assault and violent offence allegations. We look beyond the police summary, test the prosecution evidence and obtain expert assistance where medical or forensic issues require further investigation.
Depending on the case, our role may involve seeking withdrawal or reduction of charges, preparing a contested defence or presenting a carefully prepared plea.
For information about the broader range of assault offences we defend, visit our Assault Lawyers page.
Speak With a Physical Assault Lawyer
If you have been charged with a physical assault offence or police want to interview you about an alleged assault, contact Galbally Parker to discuss the evidence, the charge and your options.
Book a Free 15 Minute Tele-consultFrequently Asked Questions About Physical Assault Charges
Is physical assault a specific offence in Victoria?
Not usually. “Physical assault” is a broad description that can cover a number of criminal offences.
The actual charge depends on factors including the type of force allegedly used, whether an injury occurred, how serious the injury was and what police allege the accused intended or understood would happen.
We therefore start by looking at the specific offence listed on the charge sheet rather than relying on the general description of “physical assault”.
Does someone need to be injured for an assault charge?
Not every assault offence requires an injury.
For example, common assault can apply without the prosecution proving an injury. Other offences specifically require proof that an injury or serious injury was caused.
This distinction can significantly affect both the seriousness of the charge and the evidence the prosecution needs to prove.
How important are medical records in a physical assault case?
They can be very important, particularly where the charge depends on proving that an injury or serious injury occurred.
However, the existence of an injury does not necessarily prove how it happened or who was responsible for causing it.
We compare the medical material with witness accounts, footage, photographs and the broader circumstances to assess whether the evidence supports the prosecution allegation.
What if CCTV only shows part of the incident?
This happens regularly.
Footage may record the physical confrontation without showing what occurred immediately beforehand. We look for additional footage, witness evidence, messages and other material that may provide the missing context.
A short recording should not automatically be treated as a complete account of the incident.
Can physical assault charges be reduced?
Potentially.
The evidence may support a less serious charge than the one initially laid, particularly where there is an issue about the level of injury, the accused person’s state of mind or their individual role in the incident.
Where there is a proper basis, we can raise these issues with the prosecution and negotiate about which charges should proceed.
Can self-defence apply if the other person was injured?
Yes. The fact that the other person suffered an injury does not, by itself, prevent self-defence from applying.
The important questions include what the accused believed was happening at the time, why they believed force was necessary and whether their response was reasonable in the circumstances as they perceived them.
We assess those issues against the complete evidence rather than simply the outcome of the confrontation.
Which court hears physical assault charges?
It depends on the specific offence.
Less serious assault and injury matters may be dealt with in the Magistrates’ Court. More serious indictable offences can proceed through the committal process and ultimately be heard in the County Court or Supreme Court.
Once we have reviewed the charge sheet and allegations, we can explain the process that applies to the individual matter.