In Western Australia, assault charges are divided into two categories: common and aggravated assault.
If you have been charged with one of these offences, you may not fully understand the allegations against you and the penalties you are facing. Contacting an experienced criminal defence lawyer will ensure that you are protected and prepared for trial.
At Chambers Legal, our team of common and aggravated assault lawyers can provide you with this assistance. Along with a thorough understanding of WA criminal law, we recognise that assault allegations can be incredibly stressful for the accused and their family. Because of this, we pride ourselves on working with transparency and integrity.
This article outlines the differences between common and aggravated assault. If you would prefer to speak with a member of our team, you can you can book a free 15 minute phone consultation.
What is Common Assault?
In Western Australia, common assault is one of the most frequently laid criminal charges. It applies when someone intentionally applies force to another person without lawful excuse or does something that causes that person to reasonably fear they are about to be hurt.
Importantly, you don’t have to physically injure someone to be charged with common assault. Legally speaking, the act of applying force or causing someone to fear imminent harm is enough. This means that a slap, a push or even raising a fist in a threatening way can constitute common assault.
For example, if you grab someone by the shirt during an argument or ‘swing and miss’ — charges could be laid if the other person feared for their safety or if some force was used.
Under the Criminal Code, the maximum penalty for common assault is 18 months’ imprisonment and a fine of up to $18,000.
What is Aggravated Assault?
An assault is considered aggravated when it happens under circumstances that make it more serious in the eyes of the law. This doesn’t change the definition of assault itself, but takes into account the context in which the alleged offence occurred.
In the eyes of the court, the presence of aggravating factors means that the offence had a greater impact on the victim or community. Therefore, these offences are subject to harsher penalties. The maximum penalty for aggravated assault to three years’ imprisonment and a fine of up to $36,000.
For an assault charge, some circumstances of aggravation could be:
- The offender being in a family or domestic relationship with the victim.
- A child being present during the commission of the offence.
- The offence constituting a breach of a restraining order.
- The victim being aged 60 years or older.
- The offence being racially motivated.
How Are They Different?
While both common and aggravated assault involve unlawful force or the threat of force, the main difference lies in the circumstances surrounding the offence.
The key differences include:
- Context of the Assault: Common assault typically involves isolated incidents where no extra risk factors are present. Aggravated assault, on the other hand, occurs when the law considers the situation to be more serious.
- Presence of Aggravating Factors: Aggravated assault involves the presence of specific “circumstances of aggravation” defined in the Criminal Code.
- Penalties: The penalties for aggravated assault are significantly higher than for common assault.
- Court Process: In some cases, aggravated assault may be treated more seriously by the prosecution, meaning it could be dealt with in a higher court or pursued more aggressively than a standard common assault.
In short, aggravated assault isn’t a different type of offence. It is a common assault made more serious by who it was against, how it happened and what rules were broken in the process.
Find a Common or Aggravated Assault Lawyer at Chambers Legal
Recognising the differences between common and aggravated assault is essential, as the legal consequences vary substantially. If you are facing either of these charges, it is critical to contact a lawyer as soon as possible.
Chambers Legal has a dedicated team with a thorough understanding of Western Australian law.
Understanding the stress and seriousness of facing a criminal charge, we pride ourselves on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been charged with assault and would like to speak with a lawyer, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.