Common Assault in Western Australia

Common Assault, also referred to as unlawful assault, is a criminal offence that falls under the jurisdiction of the Magistrates Court in Western Australia.

This offence encompasses a range of physical actions that cause harm or threaten harm to another person without their consent. 

Get Legal Advice for a Common Assault Charge

If you are facing charges of Assault in WA, it's crucial to seek legal advice and legal representation from an experienced Criminal Lawyer.

Call Andrew Williams today on (08) 9278 2575  for assistance with your legal matter.

Definition of Common Assault

Common Assault is a criminal offence that involves intentionally or recklessly causing bodily harm or the fear of bodily harm to another person.

This can include actions such as physical attacks, pushing, slapping, or any form of physical contact that leads to injury or instils fear in the victim.

Penalties for Common Assault

The Magistrates Court has the authority to impose a maximum penalty of 18 months of imprisonment and a fine of up to $18,000 for individuals found guilty of Common Assault.

Circumstances of Aggravation

In some cases, Common Assault can occur under circumstances of aggravation, which can result in more severe penalties.

These circumstances may include factors like the use of weapons, premeditation, or the assault being committed against vulnerable individuals, such as children, the elderly, or disabled persons.

Increased Penalty for Aggravation

When Common Assault is committed in circumstances of aggravation, the maximum penalty significantly increases.

Offenders can face a term of imprisonment of up to 3 years and a fine of $36,000 for the offence of aggravated assault.

Legal Process

Common Assault cases in WA are typically processed in the Magistrates Court.

The legal process involves a trial, where the prosecution presents evidence to prove the guilt of the accused, and the defendant has the opportunity to defend themselves.

If you are facing charges of Assault in WA, it's crucial to seek legal representation to ensure that your rights are protected.

Possible Defenses

Defences against Common Assault charges may include self-defence, lack of intent, mistaken identity, or lack of evidence.

An experienced criminal defence lawyer can help build a strong defence strategy based on the specific circumstances of the case.

Outcomes

Depending on the evidence presented and the case's specific details, the court may issue various verdicts, including a guilty verdict, not guilty verdict, or a plea bargain.

The court will also determine the appropriate penalties or fines if the accused is found guilty.

Need Legal Advice for Common Assault Charges?

It's essential to consult with legal experts to understand your rights, possible defences, and the legal process involved if you are facing Common Assault charges in WA. 

Andrew Williams has offices based in Perth and Fremantle. He also represents clients in courts across Australia and in the regional areas of WA.

Contact the Law Offices of Andrew Williams for legal advice and representation in court on (08) 9278 2575.

ASSAULT & VIOLENT OFFENCES

In the state of Western Australia, assault charges encompass a variety of conduct that is violent. This conduct varies greatly and carries different penalties based on the severity of harm, degree of violence involved and individual circumstances. The presence of a relevant legal defence also impacts the penalty imposed which can range from financial penalties to prison sentences. Other types of assault charges include:

• Assault Occasioning Bodily Harm - this type of offence arises where, as a result of an assault, the accused causes another person physical harm, such a black eye, broken bone or swelling and bruising.
• Assault of Public Officer - the unlawful application of force or the threat of force against a public officer or police officer while they are performing their duties.
• Grievous Bodily Harm - the act of assault where the bodily injury either endangers life (or is likely to endanger life) or causes permanent injury to health (or is likely to cause permanent injury to health). This could include a broken jaw or a serious head injury.
• Assault With Intent - this offence occurs when the assault was carried out by a person with the intent of committing or facilitating the commission of a crime, committing grievous bodily harm to any person, or resisting or preventing the lawful arrest or detention of any person.
• Unlawful Wounding - this offence occurs when a person breaks both layers of the skin of another person, without lawful reason. This includes inflicting a cut, burn or stab wound however it is not necessary to have used a weapon, and the injury does not have to be severe or long-term.
• Unlawful Indecent Assault - this can encompass a wide range of behaviours and depends on the act itself, the circumstances of the conduct, and/or the relationship between the parties involved. It is sexual, without the consent of the other person.
• Sexual Assault - this includes sexual penetration without consent, indecent dealings with a child under 16 years of age, using electronic communication to procure a child to engage in sexual activity, distribution and possession of child pornography or child exploitation material, or sexual offences against a child of or over 16 where the accused is in a position of authority.

It's important to speak with an experienced assault lawyer for specific advice tailored to your matter as circumstances vary considerably from case to case.