Criminal Law

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. 

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

Call Andrew Williams today on (08) 9278 2575  for legal advice and representation.

 

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 specific details of the case, 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.

Contact our lawyers now

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