Introduction
Crimes against the person are among the most serious offences under Victorian law. These charges include acts of violence or threats of harm directed toward another individual. From assault and stalking to manslaughter and murder, these cases carry severe penalties, including imprisonment, if proven guilty.
Navigating such charges can be daunting without expert legal assistance. A criminal defence lawyer in Melbourne specialises in providing robust representation to protect your rights and ensure you receive a fair trial. At Burdon Legal, we are dedicated to defending individuals accused of crimes against the person. This article explores the legal landscape of such offences in Melbourne and how engaging an experienced lawyer can impact the outcome of your case.
What are crimes against the person under Victorian law?
Crimes against the person involve actions that cause physical harm, threaten safety, or infringe on personal freedoms. In Victoria, these offences are taken seriously, and penalties reflect the seriousness of the violent crime. Such offences can include:
assault, including common assault and aggravated assault
sexual offences, such as indecent assault and rape
manslaughter and murder
stalking and harassment
threats to cause harm or kill
Each charge comes with unique elements that must be proven beyond a reasonable doubt by the prosecution.
Key principles under Victorian law
the accused is presumed innocent until proven guilty
the prosecution must prove all elements of the offence beyond a reasonable doubt
individuals have the right to defend themselves with legal representation
Penalties for crimes against the person in Victoria
The penalties for these offences vary depending on the nature and seriousness of the crime. Victorian law imposes some of the harshest sentences for violent crimes, particularly those involving aggravating factors such as premeditation or vulnerability of the victim. If you have a prior criminal history this can also have some bearing on the outcome of your sentence. Penalties may include:
for common assault: Fines or imprisonment of up to two years
for aggravated assaults intentional or reckless: higher fines and imprisonment of up to five years
for manslaughter: maximum penalty of 20 years in prison
for murder: maximum penalty of life imprisonment
Sentencing considers several factors, including the intent of the offender, the harm caused, and any mitigating circumstances.
Common defences used in crimes against the person
A Melbourne criminal defence lawyer evaluates the details of your case to build a defence strategy tailored to your situation. Some common defences include:
Self-defence: Arguing that the accused acted to protect themselves or another person from immediate harm
Consent: In cases like assault or sexual offences, demonstrating that the alleged victim consented to the act
Duress: Establishing that the accused was forced to commit the offence under the threat of harm
Mental impairment establishing the accused did not have the capacity or know right from wrong
identity: establishing doubt that the accused was the perpetrator of the crime
Defences are tailored to the specific circumstances of the case and the evidence presented by the prosecution.
The role of a criminal defence lawyer in Melbourne
Having a quality criminal defence lawyer, such as Rebecca Burdon from Burdon Legal, is crucial when facing charges for crimes related to violence against the person. Having Burdon Legal’s expertise can mean the difference between a conviction and an acquittal.
A criminal defence lawyer will:
Analyse the prosecution’s evidence to identify weaknesses in the case
Provide clear legal advice on the charges and potential outcomes
Negotiate with prosecutors to reduce charges or seek alternative resolutions
represent you in court with compelling arguments and legal expertise
ensure your rights are protected throughout the legal process
Hiring an experienced lawyer ensures you have an advocate who understands Victorian law and can navigate the complexities of the legal system.
Criminal procedure for violent crimes against the person
There are several critical stages or steps involved in criminal law, before an accused person even gets to the court room. Depending on whether you are charged with a summary or indictable crime and which stream your matter is listed, will dictate the procedural steps in your case.
Investigation and charges
the police investigate the alleged offence, gather evidence, and may interview witnesses
A suspect may be arrested to take part in a record of interview with allegations of the offence put to them by police or invited to speak to police voluntarily
if sufficient evidence exists, charges are laid against the accused person
An accused will be charged on summons, or released on bail to attend court at a later date
In some cases an accused will be remanded in custody
A court date will be set and the accused will be required to attend court.
Court appearance
There can be numerous appearances at court depending on the seriousness of the charge and procedural steps required in any particular case
An accused will be summonsed to appear at court to answer a charge and indicate their intentions to the court as to how they wish to proceed
This will determine the course of the proceeding moving forward
There will be other appearances as the matter progresses, bail applications may be made if the accused is held in custody
Case preparation
Lawyers gather evidence, prepare defence strategies, and liaise with prosecutors
This stage involves reviewing police evidence, including forensic reports and witness statements, body worn camera and other possible evidence located such as CCTV footage or recordings.
Trial, Contest or resolution
The case proceeds to a contested hearing or trial if no agreement is reached to settle the matter by way of withdrawing charges with the agreement of pleading to particular charges. This course may resolve the matter without the need to go to a full trial
Burdon Legal Criminal Defence lawyers in Melbourne will ensure you are prepared for each step and provide guidance on the best course of action.
Choosing the right lawyer matters
Not all lawyers have the expertise to manage violent crimes against the person effectively. Choosing a criminal lawyer in Melbourne with experience in violent offences is essential to achieve the best outcome.
What to look for in a criminal defence lawyer
Specialist knowledge in criminal law, particularly violent offences
proven success in defending similar cases
strong courtroom advocacy skills and the ability to negotiate effectively
familiarity with Victorian law and local court procedures
At Burdon Legal, we bring years of experience in defending serious criminal charges. Our team understands the stakes involved and works tirelessly to secure the best possible results for our clients.
The Impact of Expert Legal Advocacy in Violent Crime charges
The complexities of criminal cases involving violent offences against the person demand skilled legal advocacy. A criminal defence lawyer plays a pivotal role in ensuring that all aspects of the case are examined thoroughly, safeguarding the client’s rights while challenging the prosecution’s evidence.
Tailored Defence Strategies
All violent offending is unique, requiring a personalised approach. Factors like the intent behind the alleged offence, the circumstances leading to the event, and the credibility of witnesses play a significant role in the outcome.
Key elements of a tailored strategy include:
analysing the specific details of the offence to identify weaknesses in the prosecution's case
preparing evidence and arguments that align with the client’s unique circumstances
considering potential mitigating factors, such as self defence or lack of intent
A one-size-fits-all approach is never effective, which is why experienced lawyers adapt their strategy to meet the demands of each case.
Procedural Expertise
Criminal law in Victoria is governed by strict procedural rules and legislation. Failing to adhere to these can result in missed opportunities or even dismissal of evidence. A skilled criminal defence lawyer ensures that the case is handled in accordance with the law at every stage.
This includes:
ensuring evidence is gathered, presented, and challenged in line with Victorian law
identifying procedural errors made by the prosecution that may benefit the defence
filing appropriate motions and objections to strengthen the client’s position
Advocacy Beyond the Courtroom
A lawyer’s role isn’t limited to court appearances. Advocacy also involves negotiation with prosecutors, advising clients on their rights, and supporting them emotionally during a difficult time. Non court advocacy may include negotiating plea deals that reduce charges or penalties
securing bail to ensure the client’s freedom while awaiting trial
advising clients on how to conduct themselves during police investigations
what to do and say during a record of interview
Engaging an experienced criminal defence lawyer will ensure your journey through the court system is supported and any final consequences are minimised.Understanding your rights to building a strong defence, the right legal representation can significantly impact the outcome of your case.
At Burdon Legal, we are committed to protecting our clients’ rights and providing expert representation in even the most complex cases. If you’re facing charges for violent crimes against the person, contact us today to discuss your defence options.
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