What is the penalty for common assault in Victoria?
Common assault carries a maximum of 15 penalty units or 3 months imprisonment. It is the lowest-level assault charge, set out in section 23 of the Summary Offences Act 1966, and it applies to an assault that causes no injury or only minor harm. That maximum, though, is reserved for the worst examples, and it is not what a first-time offender typically faces.
The word “maximum” does a lot of work here. In practice, a first common assault with no injury and no prior history sits at the gentle end of the scale, and the realistic outcomes are very different from the headline penalty. It helps to understand where common assault sits by comparing common and aggravated assault, because the charge you face shapes everything that follows.
What outcomes does a first-time offender face?
For a genuine first offence, the realistic outcomes sit well below the maximum, and several avoid a conviction altogether. The court works from the least restrictive option that fits, and imprisonment is very unlikely for a first common assault. The table below sets out the outcomes from least to most serious.
| Outcome | What it means | Conviction recorded? |
| Diversion | Complete a plan, and the charge is discharged | No |
| Good behaviour bond | A promise to be of good behaviour | Often not |
| Fine | A monetary penalty | With or without a conviction |
| Community corrections order | A supervised community order | Usually yes |
| Imprisonment | Custody, up to the 3-month maximum | Rare for a first offence |
Where a matter lands on this scale depends on the seriousness of the assault and your circumstances, and understanding what happens after being charged helps you see how the process reaches a result. For most first-time offenders, the real question is not whether they will go to jail, but whether they can avoid a conviction.
Can a first common assault be resolved with diversion?
Often, yes, and diversion is the best possible outcome. The Criminal Justice Diversion Program, under section 59 of the Criminal Procedure Act 2009, lets an eligible person complete a plan, such as a course, counselling, or a donation, and have the charge resolved without any conviction or finding of guilt. It is aimed primarily at first-time offenders, which makes a first common assault a strong candidate.
There are conditions. You must take responsibility for the offending, the prosecution must consent, and the court must consider it appropriate, and importantly diversion is a pre-plea option, so it is decided before you enter any plea. Because completing diversion leaves no criminal record, it is well worth understanding how diversion affects your record before deciding how to approach the matter.
Can you avoid a criminal record for common assault?
Yes, in several ways, and this is often a first offender’s main concern. Diversion is the clearest, because it avoids a conviction entirely, but even where a matter proceeds to a plea, the court has a discretion not to record a conviction. In deciding, it weighs the nature of the offence, your character and history, and the impact a conviction would have on your work and life.
For a first common assault, a good behaviour bond or a fine without a conviction recorded is a realistic outcome, which matters enormously for future employment and travel. The Sentencing Advisory Council publishes data showing how commonly diversion and non-conviction outcomes are used, and they are far from rare. The goal for most first-time offenders is a result that does not follow them for years.
How do character references and remorse help?
They can make a real difference, particularly on a plea. Genuine remorse, an early acknowledgment of responsibility, and steps such as an apology or counselling all show the court that the offence was out of character and unlikely to be repeated. This directly supports arguments for diversion or a no-conviction outcome.
Character references from people who know you well, describing your character and the circumstances, are a practical and valued part of this, and our guide on how character references affect sentencing explains how to use them well. Preparation of this kind is not window dressing, because for a first-time offender it is often what tips a result from a conviction to no conviction.
Will you go to jail for a first common assault?
Almost certainly not. Imprisonment is very unlikely for a genuine first common assault, particularly where there is no injury and no prior history, and the maximum of 3 months is reserved for the most serious examples of the offence. The realistic outcomes for a first offender are diversion, a bond, or a fine, not custody.
That said, the outcome is never automatic, and the seriousness of the alleged conduct matters. An assault that caused injury may not be charged as common assault at all, and a matter with aggravating features is treated more seriously, which is why an accurate assessment of exactly what you are charged with is the essential first step.
What should a first-time offender do?
Get advice early, before your first court date, because the best outcomes depend on decisions made at the start. Diversion is a pre-plea option, so pleading guilty too quickly can close off the very result you want, and a considered approach protects your options. You can see how we approach assault and violence charges, including first-offender matters.
From there, the work is practical: understand the charge, take genuine responsibility if the facts support it, prepare character references, and put your best case for diversion or a no-conviction outcome. For a first-time offender, that preparation is usually the difference between a clean record and a conviction that lingers.
