Common Assault Lawyers in Perth​

Being charged with common assault can be a confronting and confusing experience. At Chambers Legal, we provide expert representation to give you confidence and clarity during the legal process.

Common assault can be complicated. Allegations may emerge from a heated argument, a misunderstanding or a night out gone wrong.

Engaging an experienced assault lawyer will help you understand the nature of your charges, the potential penalties and your legal options. It is the surest way of protecting your rights and achieving the best possible outcome in court.

If you would like to speak with a member of our team, you can contact Chambers Legal on (08) 9500 8915 or at [email protected]. We also offer free 15 minute phone consultations.

What Is Common Assault?

Under Section 313 of the Criminal Code Act Compilation Act 1913, common assault involves:​

• Unlawfully applying force to another person without their consent; or

• Threatening another person with immediate and unlawful force, causing them to fear harm.​

Importantly, physical injury is not necessarily required for a common assault charge. Actions such as pushing, slapping or making threatening gestures could be considered common assault if the victim fears immediate harm.

What Should I Do If I Have Been Accused of Common Assault?

Any criminal charge can be overwhelming, particularly if it’s your first experience with the criminal justice system.

It is important to take the right steps early to protect your legal rights and prepare yourself for a trial. Your first action should be contacting an experienced assault lawyer. They will be able to assist you with identifying viable defences, entering a plea and other legal complexities.

Aside from that, you can:

• Avoid making statements to police without legal advice: You are only required to provide your name, date of birth and address. It is best to avoid answering further questions until you have spoken with a lawyer, as anything you say may be used in court.

• Record your version of events: As soon as possible, write down everything you remember about the incident. Include details like times, locations, who was present and any messages or interactions that may be relevant.

• Gather any supporting evidence: This may include CCTV footage, text messages, photos or contact details for witnesses. Your lawyer can assist you in determining what’s relevant.

• Comply with your bail conditions: If you’ve been released on bail, make sure you have a complete understanding of the conditions and follow them exactly. Breaching bail can result in further charges and complications.

Getting legal advice early and taking appropriate actions puts you in the best position to protect your rights and prepare a clear, considered response. This can make a significant difference to the outcome of your case.

Penalties for Common Assault in WA

Common assault is typically dealt with in the Magistrates Court and carries a maximum penalty of up to 18 months’ imprisonment and/or a fine of up to $18,000.​

It can also be committed under circumstances of aggravation – factors that are seen as making the offence more serious. Because it is considered a more serious offence, the maximum penalty for aggravated assault is 3 years’ imprisonment and/or a fine of up to $36,000.​

In a common assault case, circumstances of aggravation could include:

• The offender is in company with another person.

• The offender does bodily harm to the victim.

• The offender threatens to kill the victim.

• The victim is aged over 60. ​

Defending a Common Assault Charge

Depending on the circumstances of your case, there are several defences that are relevant to common assault charges:

• Self-Defence: If you acted to protect yourself, another person or someone’s property.

• Consent: In situations where the other party consented to the conduct (such as in contact sports)

• Lack of Intent: If the act was accidental or without intent to cause harm.

• Mistaken Identity: If you were not the person who committed the alleged assault.​

An experienced criminal defence lawyer can assess the specifics of your case and advise on the most appropriate defence strategy.​ This is important, as not all defences are applicable to every case.

They can also negotiate with the prosecution to have the charge downgraded or withdrawn where appropriate and advise you on the plea you will enter. Having legal representation ensures you understand your options at every stage and are in the strongest possible position to achieve a fair and reasonable outcome.

Find a Common Assault Lawyer with Chambers Legal

If you have been accused of common assault, seeking legal advice as soon as possible can make a significant difference to how your charges end. At Chambers Legal, we have an experienced team of assault lawyers who can represent and support you throughout the legal process.

We recognise that facing a criminal charge can be an incredibly stressful period for the accused and those closest to them. Because of this, we carry ourselves with transparency and integrity, assuring you that we are fighting for the best possible outcome.

We are fair and honest in our pricing, providing proper cost notice and our advice is tailored to each client and always provided in writing.

If you have been charged with any assault offence and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].

If you would prefer, you can book a free 15 minute phone consultation.