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Melbourne Criminal Defence Lawyers
Defence for drink driving, drug driving, licence offences, dangerous driving, and all traffic charges across Melbourne and Victoria. Get urgent advice before a police interview or court date.
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Years Criminal Defence Experience
Defence for common assault, unlawful assault, aggravated assault and related assault allegations in Victoria. Summary assault matters can carry penalties of up to 2 years' imprisonment, with higher penalties possible for more serious allegations. Defended in the Magistrates' Court and, where appropriate, the County Court.
Representation for intentionally or recklessly causing injury under s 18 of the Crimes Act 1958. Maximum penalty of 10 years' imprisonment for intentional conduct and 5 years for reckless conduct. Defended in the Magistrates' Court and County Court.
Defence for serious injury and gross violence charges under the Crimes Act 1958. These are among the most serious assault offences in Victoria, with maximum penalties ranging from 15 to 25 years' imprisonment. Defended in the County Court and Supreme Court.
Defence for non-fatal strangulation charges under the Crimes Act 1958, including allegations involving family violence. These offences can carry a maximum penalty of 10 years' imprisonment. Defended in the Magistrates' Court and County Court.
Defence for threats to kill, threats to inflict serious injury, stalking and related intimidation allegations under the Crimes Act 1958. These matters often involve communications, repeated contact, alleged surveillance or conduct said to cause fear. Defended in the Magistrates' Court and County Court.
Representation for assaults involving police, emergency workers, health practitioners, customer-facing workers and other protected workers, as well as affray, violent disorder and conduct endangering charges. These matters commonly arise from arrests, public incidents, venue altercations and group confrontations.
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Common Assault & Aggravated Assault | |||
| Common Assault (Unlawful Assault) | Summary Offences Act 1966 (Vic), s 23 | 15 penalty units or 3 months' imprisonment | Magistrates' Court |
| Aggravated Assault (Child Under 14 / Female Victim) | Summary Offences Act 1966 (Vic), s 24(1) | 25 penalty units or 6 months' imprisonment | Magistrates' Court |
| Aggravated Assault (In Company / Kicking / With Weapon) | Summary Offences Act 1966 (Vic), s 24(2) | 12 months if in company; 2 years if by kicking or with a weapon | Magistrates' Court |
| Common Law Assault | Crimes Act 1958 (Vic), s 320; s 320A in certain circumstances | 5 years' imprisonment generally; up to 10 or 15 years in certain police/protective-services circumstances | Magistrates' Court or County Court |
| Causing Injury | |||
| Recklessly Causing Injury | Crimes Act 1958 (Vic), s 18 | 5 years' imprisonment | Magistrates' Court or County Court |
| Intentionally Causing Injury | Crimes Act 1958 (Vic), s 18 | 10 years' imprisonment | Magistrates' Court or County Court |
| Negligently Causing Serious Injury | Crimes Act 1958 (Vic), s 24 | 10 years' imprisonment | County Court |
| Administering Certain Substances | Crimes Act 1958 (Vic), s 19 | 5 years' imprisonment | County Court |
| Causing Serious Injury & Gross Violence | |||
| Recklessly Causing Serious Injury | Crimes Act 1958 (Vic), s 17 | 15 years' imprisonment | County Court |
| Intentionally Causing Serious Injury | Crimes Act 1958 (Vic), s 16 | 20 years' imprisonment | County Court or Supreme Court |
| Recklessly Causing Serious Injury in Circumstances of Gross Violence | Crimes Act 1958 (Vic), s 15B | 20 years' imprisonment | County Court or Supreme Court |
| Intentionally Causing Serious Injury in Circumstances of Gross Violence | Crimes Act 1958 (Vic), s 15A | 25 years' imprisonment | County Court or Supreme Court |
| Non-Fatal Strangulation | |||
| Non-Fatal Strangulation | Crimes Act 1958 (Vic), s 34AE | 5 years' imprisonment | Magistrates' Court or County Court |
| Non-Fatal Strangulation Intentionally Causing Injury | Crimes Act 1958 (Vic), s 34AD | 10 years' imprisonment | Magistrates' Court or County Court |
| Threats, Stalking & Extortion | |||
| Threats to Inflict Serious Injury | Crimes Act 1958 (Vic), s 21 | 5 years' imprisonment | Magistrates' Court or County Court |
| Threats to Kill | Crimes Act 1958 (Vic), s 20 | 10 years' imprisonment | County Court |
| Stalking | Crimes Act 1958 (Vic), s 21A | 10 years' imprisonment | Magistrates' Court or County Court |
| Extortion with Threat to Kill | Crimes Act 1958 (Vic), s 27 | 15 years' imprisonment | County Court |
| Extortion with Threat to Destroy Property | Crimes Act 1958 (Vic), s 28 | 10 years' imprisonment | County Court |
| Assaults on Protected Workers | |||
| Statutory Assault (Police, Emergency Workers, Customer-Facing Workers, Resist Arrest) | Crimes Act 1958 (Vic), s 31 | 5 years' imprisonment | Magistrates' Court or County Court |
| Assaulting Emergency Workers, Custodial Officers or Youth Justice Workers on Duty | Summary Offences Act 1966 (Vic), s 51 | 60 penalty units or 6 months' imprisonment | Magistrates' Court |
| Assaulting Registered Health Practitioners | Summary Offences Act 1966 (Vic), s 51A | 60 penalty units or 6 months' imprisonment | Magistrates' Court |
| Assaulting Applicable Customer-Facing Workers | Summary Offences Act 1966 (Vic), s 51D | 60 penalty units or 6 months' imprisonment | Magistrates' Court |
| Discharging Firearm Reckless to Safety of Police Officer or Protective Services Officer | Crimes Act 1958 (Vic), s 31C | 15 years' imprisonment | County Court |
| Intimidation of a Law Enforcement Officer or Family Member | Crimes Act 1958 (Vic), s 31D | 10 years' imprisonment | County Court |
| Kidnapping & False Imprisonment | |||
| False Imprisonment | Crimes Act 1958 (Vic), s 320 (common law) | 10 years' imprisonment | County Court |
| Kidnapping | Crimes Act 1958 (Vic), s 63A | 25 years' imprisonment | County Court or Supreme Court |
| Public Order Violence | |||
| Conduct Endangering Persons | Crimes Act 1958 (Vic), s 23 | 5 years' imprisonment | Magistrates' Court or County Court |
| Conduct Endangering Life | Crimes Act 1958 (Vic), s 22 | 10 years' imprisonment | County Court |
| Affray | Crimes Act 1958 (Vic), s 195H | 5 years' imprisonment, or 7 years if face covering | Magistrates' Court or County Court |
| Violent Disorder | Crimes Act 1958 (Vic), s 195I | 10 years' imprisonment, or 15 years if face covering | Magistrates' Court or County Court |
| Threatening Injury to Prevent Arrest | Crimes Act 1958 (Vic), s 30 | 5 years' imprisonment | Magistrates' Court or County Court |
| Firearms, Weapons & Related Offences | |||
| Using Firearm to Resist Arrest | Crimes Act 1958 (Vic), s 29 | 10 years' imprisonment | County Court |
| Use of Firearms in Commission of Offences | Crimes Act 1958 (Vic), s 31A | 5 years' imprisonment (cumulative, cannot be suspended) | County Court |
| Being Armed with Criminal Intent | Crimes Act 1958 (Vic), s 31B | 5 years' imprisonment | County Court |
| Setting Traps to Kill | Crimes Act 1958 (Vic), s 25 | 15 years' imprisonment | County Court |
| Setting Traps to Cause Serious Injury | Crimes Act 1958 (Vic), s 26 | 10 years' imprisonment | County Court |
Summary Offences Act 1966 (Vic), s 23
15 penalty units or 3 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 24(1)
25 penalty units or 6 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 24(2)
12 months if in company; 2 years if by kicking or with a weapon
Magistrates' Court
Crimes Act 1958 (Vic), s 320; s 320A in certain circumstances
5 years' imprisonment generally; up to 10 or 15 years in certain police/protective-services circumstances
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 18
5 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 18
10 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 24
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 19
5 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 17
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 16
20 years' imprisonment
County Court or Supreme Court
Crimes Act 1958 (Vic), s 15B
20 years' imprisonment
County Court or Supreme Court
Crimes Act 1958 (Vic), s 15A
25 years' imprisonment
County Court or Supreme Court
Crimes Act 1958 (Vic), s 34AE
5 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 34AD
10 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 21
5 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 20
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 21A
10 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 27
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 28
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 31
5 years' imprisonment
Magistrates' Court or County Court
Summary Offences Act 1966 (Vic), s 51
60 penalty units or 6 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 51A
60 penalty units or 6 months' imprisonment
Magistrates' Court
Summary Offences Act 1966 (Vic), s 51D
60 penalty units or 6 months' imprisonment
Magistrates' Court
Crimes Act 1958 (Vic), s 31C
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 31D
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 320 (common law)
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 63A
25 years' imprisonment
County Court or Supreme Court
Crimes Act 1958 (Vic), s 23
5 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 22
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 195H
5 years' imprisonment, or 7 years if face covering
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 195I
10 years' imprisonment, or 15 years if face covering
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 30
5 years' imprisonment
Magistrates' Court or County Court
Crimes Act 1958 (Vic), s 29
10 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 31A
5 years' imprisonment (cumulative, cannot be suspended)
County Court
Crimes Act 1958 (Vic), s 31B
5 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 25
15 years' imprisonment
County Court
Crimes Act 1958 (Vic), s 26
10 years' imprisonment
County Court
| Charge | Legislation | Max Penalty | Typical Court |
|---|---|---|---|
| Commonwealth Assault Charges | |||
| Causing Harm to a Commonwealth Public Official | Criminal Code Act 1995 (Cth), s 147.1 | 10–13 years' imprisonment | Magistrates' Court or County Court |
| Threatening Serious Harm to a Commonwealth Public Official | Criminal Code Act 1995 (Cth), s 147.2(1) | 7–9 years' imprisonment | Magistrates' Court or County Court |
| Threatening Harm to a Commonwealth Public Official | Criminal Code Act 1995 (Cth), s 147.2(2) | 2 years' imprisonment | Magistrates' Court |
Criminal Code Act 1995 (Cth), s 147.1
10–13 years' imprisonment
Magistrates' Court or County Court
Criminal Code Act 1995 (Cth), s 147.2(1)
7–9 years' imprisonment
Magistrates' Court or County Court
Criminal Code Act 1995 (Cth), s 147.2(2)
2 years' imprisonment
Magistrates' Court
Maximum penalties are based on the Crimes Act 1958, Summary Offences Act 1966 and Sentencing Act 1991. They are maximums only and do not reflect the likely outcome in any individual case. Gross violence offences carry a mandatory minimum 4-year non-parole period. Higher minimum non-parole periods may apply where the victim is an emergency worker, custodial officer or youth justice worker on duty under s 10AA of the Sentencing Act 1991. PU means Victorian penalty unit. For 2025–26, one penalty unit is $203.51. This is general information only. Contact Lauren for advice specific to your charge.
Our client, a young professional with no prior criminal history, was charged with common assault after an altercation outside a Melbourne venue. They faced the prospect of a criminal conviction that would have affected their employment, travel, and professional registration.
Lauren Tye personally reviewed the police brief, identified key mitigating circumstances, and prepared a comprehensive plea submission for Melbourne Magistrates’ Court. The submission included character references, evidence of our client’s immediate steps toward counselling, and a detailed outline of the exceptional hardship a conviction would cause.
The Magistrate accepted Lauren’s submissions in full. Our client received a disposal without conviction, preserving their clean criminal record and protecting their career. The outcome reflected the careful preparation and strategic advocacy that Lauren brings to every assault matter.
Our client was charged with intentionally causing injury after an incident at a family gathering. Police alleged a deliberate assault causing significant injury to another person. If convicted of the original charge, our client faced up to 10 years’ imprisonment and a permanent criminal record.
Lauren Tye obtained the full police brief and conducted a detailed review of every piece of evidence — including medical reports, witness statements, and the police informant’s notes. Lauren identified critical inconsistencies in the prosecution’s version of events and prepared written submissions to the prosecution highlighting these evidentiary issues and arguing that the original charge could not be sustained at trial.
Following Lauren’s representations, the prosecution agreed to downgrade the charge prior to the hearing date. Our client received a significantly reduced penalty with no term of imprisonment. This case demonstrates the value of thorough evidence review and early, strategic engagement with the prosecution.
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
Lauren Tye works exclusively in criminal defence and appears daily in Victorian courts. She understands how police build assault cases, how to challenge weak evidence, and how to prepare your matter for negotiation, plea or contested hearing.
Lauren Tye is an experienced criminal defence lawyer who appears in Victorian criminal courts every day. She understands how prosecutors build traffic cases, where evidentiary weaknesses lie, and how to present mitigation that Magistrates actually respond to.
Police may charge you at the scene, at a police station or later by summons. A charge is not a conviction, but the next steps matter.
Before speaking to police or attending court, get advice. Early representation can help you understand your options and avoid unnecessary admissions.
Lauren reviews the police brief, CCTV, witness statements, medical material and surrounding facts to identify weaknesses, defences and strategy.
Lauren prepares your case, advises you at each stage and appears for you in the Magistrates' Court, County Court or other relevant court.
This may involve negotiating charges, contesting allegations, reducing penalties, preparing a plea, or advising on intervention orders and appeals.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
Will an assault charge automatically give you a criminal record in Victoria?
What are the penalties for assault charges in Victoria?
What court deals with traffic offences in Victoria?
When should you contact a traffic offence lawyer?
Common assault does not require proof of physical injury. Recklessly causing injury under section 18 of the Crimes Act 1958 requires the prosecution to prove that injury was actually caused and that the accused was reckless as to causing it. Because proven injury is involved, courts generally treat recklessly causing injury more seriously in sentencing.
Yes. Lauren Tye is available 24/7 — including nights, weekends, and public holidays — for urgent matters such as arrests, police interviews, bail applications, and intervention orders. Call 0451 877 714 for immediate advice.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
