The penalties are quite serious, get the guidance of a criminal lawyer preferable before you speak to the police.
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It is very important to seek professional legal advice when charged with any criminal charge, especially assault as there may be a defence available to you based on the facts and law.
The penalties can be quite severe, so you will need the guidance of a criminal lawyer before you speak to the police when you are first charged, call one of our criminal lawyers on our 24/7 hotline +61 8 6323 8613.
If you have been charged and require assistance with a bail application when can help you with that as well.
Assault Charges Western Australia
Charges of unlawful assault are not taken lightly in Western Australia. Provisions for charges of assault are dealt with the Criminal Code 1913 (WA).
Assault is defined as the direct infliction of force, violence, or injury upon a person.
Types of Assault
Assaults occur in different situations and no two assault cases are the same. It may not necessarily result in physical injury. Assault-based charges may also arise from a threat, or attempt of an offender to carry out the assault on a victim.
Assault-based offences can also be aggravated when the persons involved are in a domestic relationship, or if a child is present. If the alleged assault is an action that breaches a restraining order, the victim is 60 years old, or if the offence is racially motivated, the penalties for the charge will be far more serious. Call one of our expert lawyers on our 24/7 hotline +61 8 6323 8613
When a person has sustained minor injuries or when a person has been threatened, they can file a complaint with the Police that may lead to a common assault charge in Western Australia. The alleged assault action against the complainant may include hitting, shoving, or pushing. These charges are dealt with by the Magistrates’ Court. The maximum penalty may include 18 months imprisonment and a fine of $18,000.00. For offences that occur in circumstances of aggravation, the maximum penalty may rise to 3 years of imprisonment and a fine of $36,000.00.
Assault Occasioning Bodily Harm
When a victim incurs bodily harm that interferes with their health and comfort, the offender can be charged with assault occasioning bodily harm. Injuries may include minor abrasions, bruises, and other minor injuries that require medical attention. Charges under this offence are dealt with in the Magistrates’ Court or the District Court and because of this is known as an ‘either way offence’.
Penalties for charges heard in the District Court may carry a maximum penalty of 5 years imprisonment to 7 years if the alleged offence occurs in circumstances of aggravation. Cases heard in the Magistrates’ Court may carry a maximum penalty of 2 years imprisonment and a fine of $24,000.00, or 3 years imprisonment and a fine of $36,000.00 for offence occurred in circumstances of aggravation.
Assault Occasioning Grievous Bodily Harm – AOBH
A serious bodily injury that endangers life, or may cause permanent injury or even death is considered as a grievous category of injury and may result in a charge of assault occasioning grievous bodily harm (commonly referred to as AOBH). It carries a maximum penalty of 10 years in prison and is dealt with by the District Court. It can be raised to 14 years of imprisonment if the crime includes stealing a car from a victim, working as a health worker, court officer, or ambulance officer, or when the offence occurs in circumstances of aggravation. Call one of our expert lawyers on our 24/7 hotline +61 8 6323 8697 to discuss whether these circumstances are relevant to the facts of your case.
Serious assault can get a maximum penalty of 7 years in Western Australia. It can be raised to 10 years in prison for armed offenders or if they are included in a company of more than one person. An assault against a police officer, prison officer, security officer, or officer of the court that leads to bodily injury may carry a penalty of 6 to 9 months of imprisonment.
This type of offence may not be necessarily sexually motivated but inherently indecent. Charges for such an offence can be dealt with by either the Magistrates Court or the District Court and because of this are known as an ‘either way offence’. Cases heard in the District Court can get a maximum penalty of 5 years imprisonment. Those charges involving facts where the accused alleged to have been armed with a weapon during the offence can be penalized with 7 years’ imprisonment. If the case is heard in the Magistrates’ Court, the maximum penalty is 2 years imprisonment and a fine of $24,000.
Kean Legal Barristers & Solicitors can represent you and provide legal assistance. We provide a service where you may attend our offices for an initial consultation limited to one hour for a booking fee of $250.00. There is no obligation to engage our services after the initial consultation.