Areas of Practice /

Criminal Law

While criminal law aims to deter people from committing acts that threaten or harm people or property, the criminal justice system is less than perfect, with the state possessing more power than the individual. We believe everyone deserves a fair trial and vigorous legal representation, regardless of the charges they face. Our team of experienced lawyers provides quality legal representation and personalised advice to help you navigate the complexities of the criminal legal system. We offer advice and in-court representation in all areas of the criminal law, including:

Traffic and driving offences

  • Drink driving and driving under the influence of drugs
  • Drug offences
  • Assault and violence orders
  • Theft and larceny offences
  • Public order offences – disorderly conduct, criminal intent, riot, and affray
  • Bail applications
  • Traffic Offences and Drink Driving

Common traffic law violations generally lead to fines or demerit points, but serious offences like dangerous driving or driving under the influence of alcohol or drugs can result in licence suspension or even imprisonment.

If you have been charged with drink driving in Victoria, you’re facing serious consequences that can impact your life significantly. Understanding the laws and your options is crucial to navigate this challenging situation. Drink driving is a criminal offence and penalties can include:

  • Fines: These can range from hundreds to thousands of dollars, depending on the severity of the offence.
  • Licence suspension or cancellation: Loss of licence for a period of time, or even permanently in some cases.
  • Imprisonment: For serious offences or repeat offenders, imprisonment is a possibility.
  • Alcohol interlock program: You may be required to install an alcohol interlock device in your car.

Drug Offences

In Victoria, drug offences carry varying penalties depending on the type, quantity, and purpose of drug possession or involvement. The lowest penalties apply to personal use of small amounts of less harmful drugs, while the most severe punishments are reserved for trafficking and cultivating large quantities of dangerous drugs.

If you are facing serious traffic or drug-related charges, it is important to obtain legal advice as soon as possible to ensure your rights are protected and so you can properly prepare for your case.

Breach of Violence Orders and Family Violence Intervention Orders

If someone is assaulted, harassed, threatened, stalked; or their property is damaged, a Victorian Court can issue a Personal Safety Intervention Order (PSIO) or Family Violence Intervention Order (FVIO). A FVIO is used when the person causing harm is a family member of the victim. The police can request a PSIO or FVIO on behalf of someone who needs protection, or the person who needs the order can request it themselves.

Breaching a PSIO or FVIO is a criminal offence. Someone who breaches an order may be imprisoned, fined, or put on a good behaviour bond. They will also have a criminal record.

Going to Court and Sentencing

If you are facing Court for a criminal matter, it’s a good idea to get advice and representation from an experienced criminal lawyer. At the hearing, you will be asked to enter a plea of guilty or not guilty. Your lawyer will guide you on the best course of action based on your case’s circumstances.

If you plead not guilty, a trial will be held to determine your guilt or innocence. The prosecution must prove every element of a crime beyond a reasonable doubt. Your lawyer’s job is to challenge the prosecution’s case and point out where they have not met this high standard.

If you plead guilty or are found guilty, the Court will proceed to sentencing. The sentence may include fines, community service, probation, or imprisonment, depending on the severity of the offence and other relevant factors.

When deciding on an appropriate sentence, the Court considers “aggravating” (making the offence worse) and “mitigating” (making the offence less serious) circumstances. Your lawyer will work with you to present a strong case with supporting evidence to achieve the best possible outcome in your circumstances.

Dealing with criminal and traffic matters can be a frightening and overwhelming experience, but our criminal law team is here to help. If you need assistance, email [email protected] or call  03 94595764.