Whilst common assault seems like a simple offence, the Western Australian legal system treats it in different ways depending on the seriousness, context and aggravating factors around the act.
Understanding the different categories of common assault is essential, as this can impact how the offence is charged, heard and sentenced. Engaging an assault lawyer is the surest way of being prepared.
At Chambers Legal, our team of defence lawyers understands that facing a criminal charge is an incredibly stressful time for the accused and those closest to them. We aim to use our expertise to support you toward the best possible outcome.
This article explains the different categories of common assault and how they are different. If you would prefer to speak directly with a lawyer, contact Chambers Legal on (08) 9500 8915 or at [email protected].
We also offer free 15 minute phone consultations.
Standard Common Assault
This is the basic and most familiar form of the offence. It includes any unlawful application of force or threat of force where no significant injury is caused. It carries a maximum penalty of 18 months’ imprisonment and/or an $18,000 fine.
Examples include:
- Pushing someone during an argument
- Slapping or grabbing someone without consent
- Raising a fist in a threatening way
Common Assault in Circumstances of Aggravation
Common assault becomes aggravated when certain factors are seen to make the offence more serious. It is important to note that the the physical conduct itself can remain the same, with the aggravating circumstances being contextual.
For example, an aggravating factor may be:
- The victim is aged 60 or older
- The assault is committed in the presence of a child
- The assault involves a racial element
- The offender was in company with others
Because it is a more serious offence, aggravated assault carries a harsher maximum penalty of 3 years’ imprisonment and/or a $36,000 fine.
Common Assault During a Breach of Restraining Order
If the offence occurs while the accused is subject to a Violence Restraining Order (VRO) or Family Violence Restraining Order (FVRO), it can be treated as an aggravating circumstance and result in harsher sentencing.
This is particularly relevant in domestic or family violence contexts and is taken very seriously by the courts. It is always recommended to engage a domestic assault lawyer for these charges.
Common Assault Against Public Officers
The term pubic officer refers to those who perform duties on behalf of the government or a government agency. This includes healthcare workers, police and local government rangers.
While more serious assaults against public officers fall under higher assault provisions, lesser assaults can be charged as common assault with aggravating circumstances.
Common Assault in a Domestic or Family Violence Context
In Western Australia, if common assault occurs within a family or domestic relationship, it is treated as an aggravated assault. This category includes assaults committed against:
- A current or former partner or spouse
- A parent or child
- A person you share care responsibilities with
- Someone you are in an intimate or family-like relationship with
In addition to criminal charges, the court is also able to:
- Issue a FVRO
- Mandate electronic monitoring if the offender is a repeat perpetrator under recent legislative changes
Western Australian courts treat family violence matters as a priority. Even relatively minor incidents of force, such as pushing or grabbing, can result in serious legal consequences.
Police Discretion and Downgrading from More Serious Assaults
Sometimes, a police investigation may begin as one into a serious assault or assault occasioning bodily harm. Often, a deeper look into the facts of the case will reveal that the victim’s injuries are minor or evidentiary issues will arise.
While this not a separate category of the offence, it shows how common assault can be used in plea deals or to lesser charges.
To discuss whether this is a viable defence for a charge you may be facing, contact a common assault lawyer as soon as possible.
Find a Lawyer in Perth with Chambers Legal
Although common assault is one of the less serious assault offences under WA law, the penalties and consequences can vary significantly depending on the context of the act.
If you’ve been charged with any form of common assault, it’s important to contact a lawyer to best understand the nature of the charge and what options are available to you.
At Chambers Legal, we have an experienced team that pride themselves on their 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 would like to speak with us, you can call (08) 9500 8915 or email us at [email protected].
Alternatively, you can book a free 15 minute phone consultation.