Assault Offences
Assault Offences: How a Lawyer Can Help
Being charged with assault in Western Australia can be overwhelming and have serious legal and personal consequences. Assault offences range from minor altercations to serious violent crimes, and the penalties vary depending on the circumstances, the severity of harm caused and whether aggravating factors are present.
At Chambers Legal, we understand that assault allegations often arise from complex situations. Whether it was a heated argument, an act of self-defence or a misunderstanding, it’s crucial to understand your legal options.
This page outlines the different types of assault offences, the penalties associated with them and the importance of seeking legal advice. If you would rather speak with one of our assault lawyers, you can contact Chambers Legal on (08) 9500 8915 or at [email protected] or book a free 15 minute consultation.
What are Assault Offences?
In Western Australia, assault offences encompass a range of unlawful acts involving the application or threat of force against another person. They are defined as being any application of force, either directly or indirectly, without the other person’s consent. This can include a touch, slap or hit to another person. Key categories include:
- Common Assault: This occurs when an individual unlawfully applies force to another person or causes them to apprehend such force, without lawful excuse. Physical injury is not a necessary component for this charge.
- Grievous Bodily Harm: This refers to causing serious injury that endangers life or causes permanent injury.
- Assault Occasioning Bodily Harm: This involves an assault that results in bodily injury interfering with the victim’s health or comfort, such as bruises or cuts.
There are several different types of assaults. Each type of assault can carry different penalties, and can be heard in different courts. You can read about common types of assault and their penalties in our article ‘What are the Penalties for Assault in Western Australia?’.
Assaults can also involve circumstances of aggravation. Aggravating circumstances are seen to elevate the seriousness of an offence. Examples include:
- If you were in a family relationship with the victim
- If a child was present during the assault
- If the victim is over the age of 60
- If you are breaching a restraining order
Facing an assault charge in Western Australia is a serious matter that can have significant legal and personal consequences. Understanding the nature of assault offences, their potential penalties and the importance of legal representation is crucial for anyone involved in such circumstances.
What Are the Penalties?
Penalties for assault offences in Western Australia vary based on the severity of the offence and any aggravating factors:
- Common Assault: Carries a maximum penalty of 18 months imprisonment and a fine of $18,000. If committed under aggravating circumstances, the maximum penalty increases to three years imprisonment and a fine of $36,000.
- Assault Occasioning Bodily Harm: When dealt with in the District Court, this offence carries a maximum penalty of five years imprisonment, increasing to seven years if aggravated. In the Magistrates Court, the maximum penalty is two years imprisonment and a fine of $24,000, or three years imprisonment and a fine of $36,000 if aggravated.
- Grievous Bodily Harm: This offence carries a maximum penalty of 10 years imprisonment, which can increase to 14 years under aggravating circumstances.
- Serious Assault: Assaults against public officers can result in a maximum penalty of seven years imprisonment, increasing to 10 years if the offender is armed or in company with others.
What Should You do if You are Charged with Assault?
If you have been accused of assault, you may agree that the assault occurred. However, you may not realise that you have a legal defence to the criminal charge.
Before going to court and entering a plea, you should speak to an assault offence lawyer to gain full understanding of the options available to you. Depending on the circumstances, there could be:
- A variety of defences open to you
- A possibility of the charge being
- Downgraded
- Discontinued or;
- Amended
At Chambers Legal, our Perth-based assault lawyers can advise you about the charge itself, the defences open to you and the court procedures for pleas of guilty and pleas of not guilty.
Am I required to speak with the police?
You have certain rights when it comes to speaking to the police and should seek advice from a criminal lawyer. Please click here to read about your rights when speaking to and being questioned by police.
Do I Need an Assault Offence Lawyer?
Engaging an experienced criminal defence lawyer for your assault charge is essential to best prepare yourself for trial. At Chambers Legal, we provide advice on all aspects of an allegation. This includes:
- Expert Legal Advice: Our team can guide you through the complexities of the legal system, ensuring you understand your rights and the charges against you.
- Strategic Defence Planning: Chambers Legal will develop a defence strategy tailored to your case, potentially negotiating reduced charges or alternative sentencing options.
- Court Representation: We will advocate on your behalf in court, presenting evidence and cross-examining witnesses to achieve the best possible outcome.
- Emotional Support: Facing criminal charges can be stressful; our team provides support and guidance throughout the process.
Assault allegations can have serious impacts on people’s lives and relationships. Seeking legal representation puts you in a position to understand the charges against you, build a defence and achieve the best possible outcome at trial.
How much will I have to pay?
At Chambers Legal, we understand that legal proceedings can be stressful, particularly concerning costs. To ensure transparency and affordability, we offer an initial consultation at a fixed rate of $99 for up to one hour. This session is typically held at our Subiaco office but can be conducted via telephone or Skype.
During this consultation, we will outline your case’s direction and provide an estimate of subsequent fees. All initial consultations are obligation-free.
Recognising that some matters are urgent, we also offer after-hours and weekend consultations by appointment.
Read more about what an assault lawyer may cost.
Find an Assault Lawyer with Chambers Legal
At Chambers Legal, we understand the difficulty that comes with being accused of assault. These charges can carry serious penalties and navigating them can cause significant stress for the accused and those closest to them.
Since 2018, we have provided our clients with a high level of service and the best possible legal representation to achieve ideal outcomes for assault charges.
Our team prides itself 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 accused of assault, you can book a free 15 minute consultation with a lawyer and see how we can help you achieve the best possible outcome. You can also contact us on (08) 9500 8915 or at [email protected].