If You Are Charged With Assault You Need A Criminal Lawyer

People charged with assault occasionally plead guilty without first seeking professional advice from a criminal lawyer. They plead guilty because they accept the alleged facts as a correct and accurate reflection of what had occurred. But too often people enter a guilty plea to their charge of assault without realising that they would have had a lawful defence to their charge. Unfortunately, once the plea of guilty is entered and the sentencing proceeds, the guilty plea is almost impossible to reverse.

Legal Defences To Assault

Assault charges frequently involve a situation where the accused may have acted in self-defence or acted under circumstances of provocation. These are legal defences to a charge of assault that result in a person being found not guilty of the charge.

Consider the following factual scenario:

Y and Z are involved in a traffic accident. They both exit their vehicle to exchange details. During the course of their discussion about what had occurred Z becomes angry. Z positions his face very close to Y’s face and yells racial abuse at Y. Z also raises his fist at Y in a threatening way but does not strike Y. Y immediately responds by punching Z in the chest causing Z to fall over and suffer bruising to his body.

In this instance, Y may raise the defence of provocation and assert that the racial abuse he was subjected to deprived him of the power of self-control; that his actions took place in the heat of the moment and without time for his passion to cool. Alternatively, Y may argue that he believed that his act of striking Z was necessary to defend himself from an imminent harmful act from Z when Z raised his fist.

Ultimately, if either provocation or self-defence is raised by Y the court is required to consider whether Y responded to Z’s actions proportionately and in a manner that was commensurate with the situation Y was in. The court would also need to consider whether Y’s actions were not excessive and were not intended to or likely to cause death or grievous bodily harm.

I Can Defend You Against Assault Charges

Many people are not aware of these available defences to a charge of assault until they have sought advice from a criminal lawyer.  Because of the heavy penalties that are being imposed by the courts for assault offences, it is imperative that you contact an experienced criminal lawyer to advise you about the law and whether there is a legal defence to your charge.

If you have been charged with assault and want to ensure that your interests are being looked after contact the law offices of Andrew Williams. I am a criminal lawyer with extensive experience in all aspects of the law relating to assault.

What If No Defence Is Available?

Even if there is not a defence to your assault charge, I can still assist in achieving a positive outcome for you. I know the sentencing law as it applies to assault and regularly put forward submissions to the court at sentencing hearings which work to my client’s advantage. That might include arguments for: Why your matter can be dealt with by way of a fine only; why you should not be sent to jail; or why a spent conviction order should be made so that the assault offence is not recorded as a conviction against your name.

We Are Criminal Law Experts

Over the past decade, assault charges have occupied a significant part of my firm’s practice in criminal law. It’s against my background of experience in assault law that my clients feel confident that they have engaged a criminal lawyer that will achieve a strong, effective defence strategy and achieve the most positive outcome possible.

Contact our lawyers now

At Andrew Williams Criminal Law we're here to help you with the best legal advice.

Testimonials Hear from our valued Clients

I had Andrew deal with my case recently and couldn't of been happier with the result he got for me.
From the start Andrew was quick to reply to any questions and queries i had regarding my matter. He was very professional in my opinion, very easy to talk to and explained things quiet well.
I felt very comfortable in the court room knowing that Andrew wanted to get the best result he could for me, and i would highly recommend Andrew Williams to anyone who needs a lawyer.

Colin W

I was on a very tight rope where if it balanced the wrong way it would have totally devastated my life.  Andrew was honest through the entire process preparing me for the worst but never let me give up and thankfully with his help got a great outcome that let me move forward with my family .I cant praise Andrew enough and recommend him 100%

Jason M

I trusted that Andrew was the person to defend my case in our initial contact on the phone. He was very confident in his approach, from the first point of contact to the court room. I believe this must be from years of experience. Another added bonus for Andrew is that he is very honest and fair. He tells you like it is in the book of law and does not appear manipulative. His communication skills helped me help him to form a best defensive argument for my case. In other words, he made me comfortable to open up to him. In the end, he was able to convince the judge to let me off with only warning for providing misleading information to the police officer, which can be recorded as a criminal record against your name for 10 years.

Abraham A

Unhappy with my then representation, I went searching for a new lawyer. Andrew responded quickly and professionally to my enquiry. It was quickly apparent during the first meeting that Andrew was knowledgeable, honest and was committed to getting us the best possible outcome. Andrew looked at all avenues available to me in a Magistrates Court matter. He negotiated on my behalf with the prosecution, attended 3 court hearings and defended my plea at a sentencing hearing. Andrew presented strong arguments in my defense and I was very pleased with a successful outcome. Andrew was also transparent and reasonable with his capped fee costing structure.

Timothy R

After being charged with Common Assault of a minor I made a sensible decision not to use the local Kununurra law firm. I engaged Andrew Williams to assist me with resolving this matter (to the point of me being awarded costs). Despite being 4000km away I never had any issues with Andrew's commitment to my case. He promptly returned all calls and demanded I do likewise when important information needed to be exchanged. I found him to be an intelligent, straight-talking and knowledgeable legal counsel. I have no hesitation in recommending this likeable and professional lawyer to those that require legal representation. Especially those that reside in regional or remote areas where there is no choice.

David C

Andrew Williams is a laywer of much dedication I will never have the words of gratitude and admiration for his honesty and integrity I would highly recommend him to anyone who may require his services in the future

Helen L

I just wanted to take my time to explain my experience with Andrew Williams. I had an incident that could have really affected my future. As anyone does I called around all the lawyers in Perth and just not any lawyer but the ones who are highly respected amongst other lawyers and get the results. I have a friend who works in the industry and she recommended Andrew. She said she always sees Andrew in the paper with amazing outcomes to cases that he gets for his clients I first called his office and left a message with the receptionist. At the time he was on leave and it was his wife birthday. He promised her he wouldn't be bothered with work (this was at christmas time as well) he made the effort and called me to see if I was okay and how everything was. From that moment on I knew I had found my lawyer. When you are going to court you want someone who is going to care about you and go the extra mile and not just pay you off. From the whole experience he was straight with me and very honest. My case was not an easy one and it could have been a very bad outcome. Andrew went out of his way to get me what I wanted. Throughout the whole process I felt like I was dealing with a friend. He was very professional and got the outcome I wanted. I really couldn't recommend Andrew any higher. He gave me a second shot. Thank You again mate.

Phillip C

Go to top