(11 votes)

Assault is an offence which involves an act that causes another person to apprehend immediate and unlawful violence. The maximum penalty in Victoria is 5 years imprisonment.

Related offences

  1. Affray
  2. Intentionally Cause Serious Injury
  3. Recklessly Cause Serious Injury
  4. Intentionally Cause Injury
  5. Recklessly Cause Injury


  • Self Defence
  • Mistake of Fact
  • Mental Impairment
  • Durress
  • Consent


Although the maximum penalty for assault is 5 years imprisonment, where assault matters are heard summarily in the Magistrates' Court, the maximum is reduced to 2 years due to the limited jurisdiction of the Magistrates' Court.

An assault matter may be aggravated depending on the degree of planing involved in the assault, and its duration. However, mitigating factors can reduce the prospect of imprisonment, and it is common for accused to be fined, or placed on a Community Corrections Order instead.



share on facebook share on linkedin share on pinterest share on youtube share on twitter share on tumblr share on soceity6

24 Hours-(03) 9008 6992

Call 03 9008 6992 for confidential criminal law advice from a Melbourne criminal lawyer.

contact us