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Assault Charges Lawyer in Perth WA

If you have been charged with an assault, it is important to get legal advice.

Why Choose Us?

We are a small firm that specialises in Criminal and Family Law. We are dedicated to providing our clients with a high level of service and the best possible representation to achieve excellent outcomes.

We offer fixed fees for a number of matters and we offer affordable prices without compromising on the quality of our work.

We are also available 24/7 for urgent advice. Call us now on (08) 9500 8915

Types of Assault

The most common types of assault include:

  • Common assault;
  • Assault occasioning bodily harm;
  • Grievous bodily harm;
  • Assault public officer;
  • Act or omission; and
  • Unlawful assault causing death;.


Common Assault

A charge of common assault will be dealt with in the Magistrates Court. The maximum penalty for this offence is imprisonment for 18 months and a fine of $18,000. However, if the assault was committed in circumstances of aggravation, then the maximum penalty is imprisonment for 3 years and a fine of $36,000.

Assault is defined as being any application of force, either directly or indirectly, without the other person’s consent.


Assault Occasioning Bodily Harm

Assault occasioning bodily harm is a more serious charge and can be dealt with either in the Magistrates Court or in the District Court depending on the circumstances and how serious the assault was. If dealt with in the Magistrates Court, the maximum penalty is imprisonment for 2 years and a fine of $24,000. If the charge is serious enough to be heard in the District Court, then the maximum penalty is imprisonment for 5 years.

If the assault was committed in circumstances of aggravation, the maximum penalty in the Magistrates Court is imprisonment for 3 years and a fine of $36,000 and in the District Court, imprisonment for 7 years.

Bodily harm means any injury which interferes with health or comfort. It can include anything from a bruise or swelling to more serious injuries such as broken bones.

Grievous Bodily Harm

Grievous bodily harm (or GBH) is a very serious assault that has resulted in any bodily injury that can endanger or cause permanent injury to health. This charge must be dealt with in the District Court and is punishable by a maximum penalty of 10 years imprisonment.

Assault Public Officer

If an assault is committed against a public officer who is fulfilling their duties, the penalties are higher. In certain cases, mandatory sentencing applies. This means that the court must impose an immediate term of imprisonment, with no option for it to be suspended.

Act or Omission

Aside from the above offences, you may also be charged with doing an act or omission causing bodily harm. This means that if you do an act or omission as a result of which bodily harm is caused to someone, or their life, health or safety is endangered, you may be charged. If the act or omission is done with intent to harm then the penalties are significantly more serious.

Unlawful Assault Causing Death

If a person dies as a result of an unlawful assault, this is punishable by a maximum penalty of 20 years imprisonment, and may be upgraded to either manslaughter or murder.

Defences

If you have been charged with assault and you accept that you have assaulted someone, it is still important to consider whether you might have a defence. For example, you may have been acting in self-defence of yourself or of another, or you may have been provoked.

In order to rely on self-defence, you must be able to show that the assault was necessary to defend yourself or another person from a harmful act, and that the assault was a reasonable response in the circumstances. This means that what you did must be proportionate to the danger that you perceived. Self-defence can also be excessive and, in those circumstances, will not provide a defence.

Provocation means that you are deprived of the power of self-control and act upon it on the sudden and before there is time for your passion to cool. The force used must also be proportionate to the provocation and cannot be intended to cause death or grievous bodily harm.

Identity may also be an issue in assault cases.

Legal Advice on Assault Charges

Chambers Legal can advise you on your assault charge, including pleading guilty and pleading not guilty, possible defences and likely penalties. In some circumstances, it may be appropriate to prepare a submission to the prosecution to seek that a charge be downgraded or discontinued. It is important to obtain legal advice at an early stage so you can be advised of your rights and a way forward for your case. Chambers Legal have represented numerous people charged with assault, using all avenues - pleading guilty, pleading not guilty, and preparing submissions to the prosecution.

 

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