What Is Common Assault?

If you’ve been charged with assault in Victoria, understanding what common assault is and how the offence is proved can help you make informed decisions about your case. 

Common assault or Unlawful Assault is one of the most commonly prosecuted assault offences and covers a broad range of behaviour, from unlawful physical contact through to conduct that causes another person to fear immediate violence. While it is often regarded as a less serious assault offence, it is still a criminal charge that can carry significant penalties.

How Is Common Assault Defined?

In Victoria, common assault generally involves either the unlawful application of force to another person or conduct that causes another person to reasonably fear immediate and unlawful violence.

Many people assume an assault only occurs when someone is punched or suffers an injury. However, that is not the case. The law also recognises that threatening behaviour can amount to an assault, even where no physical contact occurs, provided the circumstances are sufficient to create a reasonable fear of immediate violence.

Because every case turns on its own facts, what may seem like minor conduct can sometimes result in criminal charges.

Does Someone Have to Be Injured?

No. Injury is not an element of common assault or unlawful assault.

Police regularly lay assault charges where there are no visible injuries at all. Allegations involving pushing, grabbing, slapping, spitting or even attempting to strike another person may amount to common assault, depending on the circumstances.

Where injuries are sustained, they are more likely to influence the seriousness of the charge or the sentence imposed rather than determine whether an assault has occurred.

What Is the Difference Between Common Assault and Other Assault Charges?

Common assault is generally regarded as less serious than offences involving actual injury.

Where an assault results in bodily harm, police may instead lay charges such as intentionally causing injury or recklessly causing injury. If particularly serious or permanent injuries are alleged, more serious offences may apply, carrying substantially higher maximum penalties.

The exact charge depends on the evidence available, including witness statements, medical evidence and the circumstances of the incident.

What Must the Prosecution Prove?

Like every criminal offence, common assault must be proved beyond reasonable doubt.

The prosecution must establish each element of the offence before a court can find a person guilty. Simply because an allegation has been made does not mean a conviction will follow.

Every piece of evidence must be carefully examined, including witness accounts, CCTV footage, photographs, medical evidence and any statements made to police.

Are There Defences to Common Assault?

There are a number of legal defences that may apply, depending on the circumstances.

One of the most common is self-defence. A person is entitled to use reasonable force to protect themselves or another person where it is necessary to do so.

Other matters may involve accidental contact, mistaken identity or factual disputes about what actually occurred. In some cases, the prosecution may simply be unable to prove the charge beyond reasonable doubt.

Determining whether a defence is available requires careful consideration of the evidence and the circumstances surrounding the allegation.

What Are the Penalties for Common Assault?

The sentence imposed for common assault varies depending on both the offending and the offender.

When determining the appropriate penalty, the court will consider matters such as the level of violence involved, any injuries sustained, your criminal history, whether you pleaded guilty, your personal circumstances and your prospects of rehabilitation.

Depending on those factors, the court may impose a fine, a Community Corrections Order, an adjourned undertaking or, in more serious cases, a term of imprisonment.

Should You Plead Guilty?

Whether you should plead guilty depends entirely on the evidence and the circumstances of your case.

Before making that decision, it is important to understand whether the prosecution can prove the charge, whether any legal defences may be available and what sentencing options are likely if you are convicted.

Obtaining legal advice early allows you to make an informed decision and ensures your case is prepared properly from the outset.

Speak to Wilkinson Lawyers

If you have been charged with common assault or unlawful, obtaining legal advice as early as possible can make a significant difference to the outcome of your case.

At Wilkinson Lawyers, we regularly represent clients charged with assault offences throughout Victoria. We can assess the strength of the prosecution case, advise you on any available defences and prepare your matter thoroughly to achieve the best possible outcome, whether that involves negotiating with police, resolving the matter by plea or defending the charge at a contested hearing.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.