More languages...
| (03) 9269 0120Melbourne | 1800 677 402Rural areas |  Locate us |
Legal information
- Relationship breakdown
- Intervention orders
- Children and parenting
- Traffic
-
Crime
- Dealing with the police
- Public order offences
- Drugs
-
Violent behaviour
- Violent behaviour – frequently asked questions
- Theft and property damage
- Crimes against justice
- Weapons
- Going to court for a criminal charge
- Victims of crime
- Youth issues
- Centrelink, work and debt
- Housing and neighbourhood disputes
- Getting fair treatment
- Birth, life and death
- Legal system
- Making a complaint
- New law
Violent behaviour – frequently asked questions
Can I be charged if I was with friends who committed a violent act, even if I didn’t take part in it?
If the victim withdraws their complaint will the police drop the charges against me?
What will the court take into account when deciding the penalty for my charge?
Can I be charged if I was with friends who committed a violent act, even if I didn’t take part in it?
It can be very hard to work out exactly what’s happened when there is a group of people involved in a violent act. Often everyone at the scene will be charged. ‘Affray’ (a violent disturbance of the peace) is a common charge in these circumstances.
Even if you can prove that you did not commit any of the actual violence, the police may still charge you with ‘acting in concert’. Acting in concert can include ‘inciting’ (encouraging) people committing a violent act, or if your presence prevents the victim getting away.
If the victim withdraws their complaint will the police drop the charges against me?
Not necessarily. The police will listen to your victim’s reasons for withdrawing the complaint against you, but once charges are laid it’s up to the police to decide whether they should be dropped.
Get legal advice.
Related pages
What will the court take into account when deciding the penalty for my charge?
The court looks at a number of factors, including:
- what you intended or what you should have realised would happen as a result of your actions
- your police record, if you have one
- the severity of any injuries sustained
- whether you plead guilty
- whether you are remorseful (sorry) about what you did
- if you have a problem with violence, such as a history of family violence, whether you’ve been to any counselling to help you manage your violent behaviour.
Penalties for violent acts range from fines to community-based orders to imprisonment.