Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
How Long After An Assault Can You Press Charges? (Vic)
How long after an assault can you press charges? This is a question criminal lawyers are often asked. The limitation period for laying charges depends on the nature of the alleged offending. While there is a short limitation period for laying summary charges, serious offences like aggravated assault and murder are not subject to any limitation period.
In Victoria, the Criminal Procedure Act 2009 sets the time limits for commencing criminal proceedings.
How long after a summary assault can you press charges?
Under Section 7 of the Criminal Procedure Act, a proceeding for a summary offence in Victoria must be commenced within 12 months of the date of the alleged offence except where legislation provides for a longer limitation period or where both parties consent to proceedings being commenced after the expiry of this period.
Summary offences are minor offences which are finalised in the magistrates Court. These include traffic offences such as drink driving or driving unlicensed as well as offences under the Summary Offences Act 1966 such as being drunk and disorderly in public. The maximum penalty the Magistrates Court can impose for a single offence is two years imprisonment.
Common assault is a summary offence under section 23 of the Summary Offences Act. A common assault is an assault that occurs without any circumstances of aggravation, such as the victim suffering harm or being a child or a female. The penalty for a common assault is a maximum of three months imprisonment. An aggravated assault is also a summary offence in Victoria (unlike in most other states) as the maximum penalty for an aggravated assault is imprisonment for two years.
This means that in Victoria, a person can be charged with a common assault or an aggravated assault for up to 12 months after the alleged offence. At that point, the limitation period expired.
How long after an indictable assault can you press charges?
In Victoria, there is no limitation period for laying a charge for an indictable offence. This means that a person can be charged with an indictable offence many years – even decades – after the alleged offending.
Assaults that are indictable offences in Victoria include assaults with intent to commit an indictable offence and assaults on emergency workers and custodial officers. Intentionally or recklessly causing injury, serious injury, or grievous bodily harm are also indictable offences.
Sexual assaults and other sexual offences are also indictable offences.
This means that if a person in Victoria assaults a person causing injury, such as a cut, bruise, broken bone or burns they can be charged with an offence at any time in the future.
Offences that occurred long ago are often called ‘historical offences.’
Prosecuting a person for historical offences can be challenging. Sometimes, it is harder to prove a person guilty of an assault beyond a reasonable doubt when a lot of time has passed since the assault as memories may have faded and physical evidence may no longer exist. In other situations, the passage of time may actually make it easier to prove that a person committed an assault – such as where DNA evidence has been preserved and technologies can be used that did not exist at the time. For this reason, prosecutions that were abandoned long ago are sometimes reopened and succeed in securing a conviction.
Reporting historical offences
If you have been the victim of an assault that was not reported, you may still be able to make a report, give a statement and a prosecution may commence. However, you will need to determine whether there is any indictable offence that could be laid in relation to what happened in order to work out how long after the assault you can press charges.
If you have an indictable offence to report, you can contact the Victorian police to let them know this either by phone, online or in person. However, historical offences are generally treated as non-urgent so you may not be able to organise to make a statement to police straight away.
The decision as to whether or not to lay charges against an alleged offender is ultimately at the police’s discretion and will be made based on how serious the allegations are and how strong the case is against the accused.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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