assault-charges-at-dandenong-magistrates-court

Assault Charges at Dandenong Magistrates' Court

By Catherine O’Bryan

Have you been charged with a Police Assault offence?

When you are charged with Assault you will be required to appear at your local Magistrates’ Court to answer Police Criminal Charges.

Assaults can happen when in an argument, tempers flare and due to a rush of blood, it is alleged you have crossed the line and your argument has become physical.

Punching or hitting a person or even just pushing a person may under the Criminal Law of Victoria constitute a criminal assault and result in Police Charges. The seriousness of the charge will depend on a range of factors including the nature and extent of injury caused by the assault.

Where serious injury has occurred the assault charge may be described as “Intentionally Cause Injury” or “Recklessly Cause Injury” or “Serious Injury” and potentially carries the risk of jail if convicted.

Where the injury is very serious, your matter may be dealt with the County Court of Victoria.

What happens next in a Police Assault Charge?

It is important to obtain legal advice to determine whether there are any available defences (e.g. self-defence) which might mean the police charges should be contested or alternatively if no realistic defence is available consideration and advice is required about mitigating the penalty if entering a guilty plea.

How do I prepare for a Police Assault Charge and how can I improve my situation if pleading guilty??

Before you are sentenced by the Magistrate you can assist and improve your situation by arriving at Court properly prepared.

This includes seeking out counselling and or support for any personal problem which may explain your behaviour at the time of the incident and demonstrate that such behaviour is out of character.

Although it is in no excuse it may be that the alleged assault arose out of an escalated argument resulting in a loss of control due to alcohol, drugs, depression or other personal problems which give a context to the incident.

Sometimes a Court will moderate or reduce its penalty if it is told that you were experiencing problems but have since taken steps to address your issues through counselling or other supportive treatment. This is called rehabilitation and remorse.

It is an advantage to have put all these matters in place before your Court appearance.

How can Galbally & O’Bryan help in a Police Assault Charge?

We appear regularly at the Dandenong Magistrates’ Court for Assault matters and other criminal matters.

We can assist you in obtaining the best possible outcome in all the circumstances for your case.

We can advise you on how to prepare your case ahead of your court appearance and the availability of any Defence and if appropriate to enter into negotiations with Police prosecutors to have withdrawn or downgraded charges that cannot be sustained. By representing you in court we can ensure that relevant evidence and submissions are made to the court so that the best outcome can be achieved.

Such issues would then be canvessed with you and then with the police prosecutors.

For further information contact Ms Cathy O’Bryan or Jacinta Studham of the Dandenong offices on:

cobryan@galballyobryan.com.au or jstudham@galballyobryan.com.au or on (03) 9200 2510.

You can arrange to have a telephone discussion about your matter and/or a free 30 minute, no obligation appointment to discuss all aspects of your case, the likely outcome, and what is required to ensure that you are properly represented before the Court.