Assault and Public Order Offences: Navigating Melbourne’s Charges

Melbourne’s CBD and nightlife hubs like Richmond, South Yarra, and St Kilda transform into bustling zones of activity during the summer holidays. While most people are out to enjoy themselves, the combination of hot weather, large crowds, and excessive alcohol often leads to a rise in assault and public order charges.

Victoria Police maintain a high-visibility presence in these entertainment precincts, and their "prevention mindset" means they are quick to intervene in any perceived altercation. If you have been caught up in a fight or a "public order" incident, it is vital to understand that the police version of events is not the only one that matters.

Why assault charges peak in December and January

The "party season" demographic often finds itself in high-pressure social environments where conflicts can arise. Victoria Police data confirms that "acts intended to cause injury" is the #1 reason for police proceedings in the state.

During the summer break, search volume for assault charges lawyer Melbourne increases as individuals face the reality of a night out gone wrong. Whether it was a dispute in a taxi queue or a physical altercation at an end of year  party, the legal consequences are immediate and severe.

Common festive season offences in Melbourne

The legal definition of assault in Victoria is broader than many people realise. You can be charged even if no physical injury was sustained.

• Common assault: This involves any intentional or reckless touch without consent, or even causing someone to fear immediate physical contact. This is a summary offence with a maximum penalty of 3 months in prison.

• Aggravated assault: These charges carry heavier penalties because of factors like the use of a weapon, kicking, or the offence being committed by multiple people.

• Affray: Often used for group fights in public spaces, this charge focuses on conduct that would make a bystander of reasonable firmness fear for their safety. It is an indictable offence carrying up to 5 years imprisonment if the matter is heard in the Magistrates’ Court..

• Public order offences: These can include offensive  and threatening behaviour, and disorderly conduct which can lead to on-the-spot fines or criminal charges.

The intersection of criminal and traffic law

The holidays in Melbourne also see a significant overlap between criminal behaviour and traffic law. Incidents of "road rage" can quickly transition from a driving dispute to an assault charge. Additionally, police run holiday blitzes like Operation Nexus targeting drink driving and drug driving.

If you are stopped for a traffic offence and the situation escalates, you may find yourself facing both a licence suspension and a criminal charge for resisting arrest or assault. Whether you need a traffic lawyer in Melbourne or a criminal defence expert, a unified strategy is essential to protect your record.

The hidden cost: A permanent criminal record

For many professionals in Melbourne, the fine is not the primary concern—it is the criminal conviction. A conviction for assault or a public order offence can have long-reaching effects:

• Employment barriers: Many industries, particularly in healthcare and teaching, require a clean National Police Check.

• Travel restrictions: A conviction for a violent offence can lead to travel bans to countries like the USA or Canada.

• Professional reputation: For your future career, avoiding a conviction is "worth its weight in gold".

Strategic defence: How we protect your future

As an expert assault charges lawyer in Melbourne, our goal is to minimise the impact of the charge on your life. We achieve this through:

• Self-defence arguments: We examine whether your actions were a reasonable and proportionate response to a threat or act of violence..

• Challenging police evidence: We scrutinise CCTV footage and witness statements to find inconsistencies in the prosecution's case.

• Seeking a diversion: For first-time offenders, we advocate for participation in the diversion program, which allows you to take responsibility for your actions, but does not result in a criminal conviction or court record..

• Mitigation: If a plea of guilty is necessary, we gather character references to ensure the Magistrate considers a "non-conviction" penalty.

Why Burdon Legal is your first call

The legal system in Victoria is becoming increasingly complex, with police actively executing outstanding warrants over the summer break. Navigating this environment requires a partner who understands the high stakes of a criminal charge in the Melbourne community.

Whether you were charged with assault after a night out or are facing a traffic offence during a holiday blitz, you need a defence that starts immediately.

Act now to save your record

Don't let a moment of festive season friction or a mistake on the road haunt you for years to come. The Melbourne courts are exceptionally busy in January, and early preparation is key to a successful outcome. Contact Burdon Legal today for a confidential discussion about your assault or traffic charge.