In Western Australia, engaging in a physical altercation with a co-worker can lead to legal consequences, including charges of common assault. Whilst these charges are defendable, it is important to engage an experienced lawyer so that you understand your charges and are prepared for the legal process.
At Chambers Legal, we have a team of criminal defence lawyers with vast experience defending these assault charges. They understand that the difficulty and stress of facing a criminal charge does not only affect the accused, but also those closest to them.
If you have been charged with common assault following an incident at work and would like to speak with a lawyer, Chambers Legal would be more than happy to assist.
We can be contacted on (08) 9500 8915 or at [email protected]. If you would prefer, you can book a free 15 minute phone consultation.
What is Common Assault?
In Western Australia, Section 313 of the Criminal Code Act Compilation Act 1913 defines common assault as:
- The unlawful application of force to another person without their consent; or
- The threat of applying force, causing the person to apprehend immediate and unlawful violence.
It is important to understand that physical injury is not a requirement for a common assault charge. Legally speaking, the act of applying force or causing someone to fear imminent harm is what is important.
How Does It Apply in the Workplace?
As with confrontations in public or private settings, altercations between co-workers can result in common assault charges. For example:
- Physical Altercations: Actions such as pushing, shoving or striking a colleague can constitute common assault, regardless of the severity of the act.
- Threatening Behaviour: Verbally threatening a co-worker or making menacing gestures that cause fear of immediate harm can also lead to assault charges.
How Can Your Employer Respond?
Employers in Western Australia are legally obligated to provide a workplace that is free from violence, aggression and harassment. Even if a workplace fight is relatively minor or seems mutual, employers may treat it as a serious misconduct issue. Outcomes could include:
- Formal warnings or disciplinary action
- Suspension from duties pending investigation
- Immediate termination of employment, especially if the incident involved injury, threats, or created risk to others
If you have been involved in a workplace incident that could lead to assault charges, you should seek both criminal and employment law advice as early as possible.
What are the Penalties for Common Assault?
Under the Criminal Code, the maximum penalty for common assault is 18 months’ imprisonment and/or a fine of up to $18,000. Under aggravating circumstances, those penalties can increase to a maximum of three years’ imprisonment and/or a fine of up to $36,000.
Aggravating circumstances are those which are seen as making an offence more severe. As such, the penalties are harsher. For common assault, aggravating factors could include:
- The accused being in company with others
- The victim being over 60 years old
- The offence being racially motivated
If you have been charged with common assault following a fight at work, it is recommended to engage a specialised workplace assault lawyer. This is the surest way of understanding your charges and whether your case involves aggravating circumstances
How Can Common Assault Be Defended?
There are several defences applicable to common assault charges that arise from workplace incidents:
- Self-Defence: Acting to protect oneself from immediate harm, provided the response is proportionate to the threat faced.
- Defence of Another: Protecting a colleague from immediate harm using reasonable force.
- Lack of Intent: The act was accidental or involuntary – there was no intent apply unlawful force or cause fear of immediate harm.
After assessing the facts of a case, a lawyer will be able to provide the accused person a thorough assessment of the defences open to them and their viability.
Find a Common Assault Lawyer in Perth with Chambers Legal
If you are facing criminal charges as a result of a workplace incident, obtaining prompt legal advice is crucial in protecting yourself legally and professionally.
At Chambers Legal, we recognise that these charges can emerge from complex situations. Whether it be self-defence or an unintended act, you may feel you have a strong chance of defending your charges.
Our team prides itself on working with transparency and integrity. We are fair and honest in our pricing, providing proper cost notice. Furthermore, our advice is tailored to each client and always provided in writing.
If you have been accused of common assault or any other charge, please contact Chambers Legal for advice. We can be reached on (08) 9500 8915 or at [email protected].
If you would rather, you can book a free 15 minute phone consultation.