Arguments and disagreements are an inescapable part of life. However, things can sometimes get a little too heated and escalate into more serious situations. When tempers flare, words or actions may cross a line that can potentially result in serious legal consequences, especially if threats are made. Understanding the boundaries between a disagreement and unlawful behaviour can thus be useful in helping you prevent situations from spiralling out of control. In this post, we take a closer look at whether you can be charged with assault for threatening someone in the state of Victoria.
What is Assault?
In the Australian state of Victoria, assault is defined as intentionally causing harm to someone or intentionally making a threat to harm someone. Because of how vaguely the charge is worded, there are many different types of behaviour that could potentially be charged as assault. While something like a physical attack may be a clear cut instance of assault, other actions such as making verbal threats may not be as straightforward to deal with and may thus depend on the facts of the matter.
What are the Consequences of Assault?
Depending on the specific type of assault that you are charged with, the consequences may vary. Minor physical confrontations may be charged as common assault under Section 23 of the Summary Offences Act and if proven guilty, may result in a jail term of up to three months. However, more serious confrontations such as aggravated assault with weapons may result in a jail sentence of between six months and two years.
Can You Be Charged with Assault for Threatening Someone in Victoria?
It is possible to be charged with assault for threatening someone in Victoria. However, given the severity of the charge, the specific facts of each case will be very significant. Generally, for a threat to be charged as assault, it must create a reasonable fear of harm in the eyes of the law. Such threats may include threats to kill or harm someone that are made with the intention to carry out the threats. In such cases, prosecutors will face the burden to prove the elements of the offence.
What to Do if You Have Been Charged with Assault?
If you have been charged with assault in the state of Victoria, don’t panic. The first thing that you should do is to consult an assault lawyer as they will be better able to understand your situation and guide you on the best course of action moving forward. A good assault lawyer would also be able to represent you in court or in negotiations with prosecutors and having them apprised of your situation from the onset can enable them to act in your best interests.
Leanne Warren & Associates are the leading criminal lawyers in Melbourne and our experienced solicitors have decades of experience combined in representing clients in their assault charges. For a free, no-obligation consultation regarding your legal situation, contact us today!
