Violent conduct refers to actions that cause harm, intimidation, or fear and often lead to criminal charges. Legal outcomes vary based on the severity of harm, the offender’s intent, and the consequences of their actions. Navigating the legal ramifications of violent behaviour requires an understanding of the charges, potential penalties, and available support.

Charges Related to Violent Conduct

The specific charges for violent offences depend on:

• The nature and severity of injuries inflicted.
• The offender’s intention.
• The broader consequences of the offender’s actions.

Common Violent Offences

1. Assault: Includes unlawful assault, common assault, and sexual assault.
2. Affray: Engaging in violent or threatening behaviour that disturbs public peace.
3. Causing Injury: Ranges from inflicting minor to serious harm on another person.
4. Homicide: Covers offences like manslaughter and murder.
5. Aggravated Burglary: Breaking and entering with intent to cause harm.
6. Robbery: Theft involving violence or threats of violence.
7. Threats: Includes threats to kill or cause serious injury.

Court Jurisdiction

• Supreme Court of Victoria: Handles cases involving fatalities caused by violent acts.
• County Court: Addresses severe but non-fatal violent offences.
• Magistrates’ Court: Deals with less severe offences and summary matters.

Liability and Prosecution in Violent Incidents

Presence During a Violent Incident

Simply being present at the scene of a violent act can result in charges, even without direct involvement. Charges like affray or acting in concert may apply if you:

• Encouraged or facilitated the violence.
• Hindered the victim’s ability to escape.

Proceeding Without a Victim’s Complaint

Charges can proceed even if the victim withdraws their complaint. Law enforcement may prosecute based on the evidence, focusing on the objective facts to ensure accountability.

Sentencing and Legal Outcomes

Factors Affecting Sentencing

Courts consider several factors, including:

• The offender’s intent and foresight of harm.
• The severity of the injuries caused.
• The offender’s criminal history.
• Pleas of guilt and expressions of remorse.
• Participation in rehabilitation or counseling programs.

Penalties for Violent Offences

1. Fines: Imposed alone or alongside other penalties.
2. Imprisonment: Reserved for serious offences, with the duration varying by circumstances.
3. Diversion Programs:
   1. For eligible individuals, diversion programs offer an alternative to traditional court proceedings.Conditions may include writing an apology, attending counseling, or community service.
   1. Successful completion results in dropped charges and no criminal record.
4. Community Corrections Orders (CCOs):
   1. Sentences served in the community under conditions like unpaid work, curfews, or counseling.
   1. Breaches can lead to fines or imprisonment.
5. Intensive Correction Orders (ICOs):
   1. Stricter than CCOs, ICOs require intensive supervision and compliance with specific conditions.
6. Compensation for Victims:
   1. Courts may order offenders to pay damages for injuries or property loss.

Approaching Your Court Case

Options at Court

• Request a Diversion Program: For eligible offenders seeking to avoid a criminal record.
• Plead Guilty: Admitting guilt may lead to more lenient penalties.
• Plead Not Guilty: Contesting charges results in further court proceedings, including a trial.

Requesting an Adjournment

Adjournments may be granted to allow time for case preparation or to pursue a diversion program.

Accessing Legal Support

Before Court

Consulting a lawyer is essential to understand your charges, potential defences, and strategies for court.

At Court

• Duty Lawyers: Available at most Magistrates’ Courts in Victoria to provide free or low-cost legal advice for eligible individuals.

Self-Representation

While you can represent yourself, professional legal advice is strongly recommended for navigating complex cases.

Key Legislation

1. Crimes Act 1958: Defines violent offences and associated penalties.
2. Sentencing Act 1991: Outlines sentencing principles and penalties.
3. Summary Offences Act 1966: Covers minor violent offences.

Resources and Support

Legal Assistance

1. Victoria Legal Aid: Free legal information and advice.
2. Community Legal Centres: Support for individuals with limited financial means.

Counseling Services

1. Relationships Australia: Support for anger management and conflict resolution.
2. Anglicare Victoria: Counseling and support services for families and individuals.

Educational Programs

1. Anger Management Courses: Help individuals address violent tendencies.
2. Drug and Alcohol Awareness Programs: For offenders with substance-related issues.

Let Pentana Stanton Lawyers Assist You with Violent Offences

Violent conduct carries serious legal and personal consequences, from fines to imprisonment. Understanding your rights, exploring defence options, and securing expert legal representation can significantly influence the outcome of your case.

At Pentana Stanton Lawyers, our experienced legal team provides tailored advice and representation to help you navigate violent conduct charges effectively. Contact us today to discuss your case and access the support you need to achieve the best possible outcome.