Assault, Threats and Property Damage Lawyers Melbourne

Early Legal Advice 

The approach taken in these matters will depend on the nature of the allegations and the evidence involved. 

Early legal advice can assist in: 

• understanding the allegations and the evidence relied upon  

• identifying any available defences  

• determining whether the charges are appropriate  

• preparing the case if the matter proceeds to court  

In some cases, early intervention may assist in resolving a matter or narrowing the issues in dispute. 

Assault Offences 

Assault offences range from relatively minor matters to serious indictable offences. 

In general terms, an assault may involve: 

• the application of force to another person; or  

• causing another person to apprehend the immediate use of force  

An assault can occur even where no injury is caused. 

More serious charges arise where injury or serious injury is alleged. These include: 

• intentionally causing injury or serious injury  

• recklessly causing injury or serious injury  

• negligently causing serious injury  

These offences differ depending on the nature of the injury and the state of mind attributed to the accused person. 

The distinction between intention, recklessness and negligence is often central to how a case is determined. 

Property Damage Offences 

Property damage offences involve allegations that a person has intentionally or unlawfully damaged property belonging to another. 

These offences range in seriousness depending on the circumstances. For example: 

• wilful damage is typically the least serious  

• criminal damage involves intentional damage to property  

• more serious offences involve property damage with the intent to endanger life  

In some cases, the value of the property damage may affect how a charge is dealt with and whether alternative charges are appropriate. 

Threat Offences 

Threat offences include allegations of making threats to kill or to inflict serious injury. 

To prove these offences, the prosecution must establish that a threat was made and that the accused person either: 

• intended the other person to fear the threat would be carried out; or  

• was reckless as to whether that fear would be caused  

These cases often turn on the context in which the alleged threat was made and how the communication would reasonably be understood. 

Serious Violence and Related Offences 

Some matters involve more serious allegations such as: 

• robbery or armed robbery  

• aggravated burglary or home invasion  

• offences involving multiple offenders or the use of weapons  

These offences are treated seriously by the courts and often proceed to the County Court. 

They frequently involve detailed factual disputes and require careful analysis of the prosecution evidence. 

Sentencing Considerations 

If a person pleads guilty or is found guilty, the penalty imposed will depend on the nature of the offence and the circumstances of the case. 

The court may consider factors such as: 

• the seriousness of the conduct  

• whether any injury was caused  

• the role of the accused person  

• prior history  

• steps taken towards rehabilitation  

The way in which a case is prepared and presented to the court can be important in ensuring that all relevant matters are properly put forward. 

What To Do If You Are Charged 

If you have been charged with an assault, threat or property damage offence, obtaining legal advice as early as possible is important. 

A criminal lawyer can assist by: 

• explaining the court process  

• reviewing the prosecution evidence  

• advising whether any defences may be available  

• assisting in preparing and presenting your case  

Expert Criminal Defence Lawyers Melbourne

At Stary Norton Halphen & Galbally, we act for clients charged with assault, threats and property damage offences across Melbourne and throughout Victoria.

We provide clear advice based on the evidence, the applicable law, and the particular circumstances of each case.

If you have been charged, interviewed, or believe you may be under investigation, it is important to obtain legal advice as soon as possible.

To speak with an experienced criminal defence lawyer in Melbourne, contact Stary Norton Halphen & Galbally here or on (03) 8622 8200.