Assault offences in Western Australia range from minor matters dealt with in the Magistrates Court through to serious allegations involving bodily harm, family violence circumstances, weapons or significant injury. Depending on the charge and surrounding circumstances, penalties may include fines, community based orders, suspended imprisonment or immediate imprisonment.
Gunning Young represents clients charged with a wide range of assault offences. We provide clear advice on the strength of the prosecution case, available defences and the practical options for resolving the matter.
We Act In Matters Involving:
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- Common Assault;
- Assault Occasioning Bodily Harm (AOBH);
- Aggravated Assault;
- Unlawful Wounding;
- Grievous Bodily Harm allegations;
- Family violence related assault charges;
- Breach of restraining order related allegations;
- Public officer assault matters; and
- Other serious violence allegations.
Understanding Assault Charges In WA
Assault charges commonly arise under the Criminal Code (WA). The prosecution must prove each legal element of the offence beyond reasonable doubt.
Some matters involve allegations of applying force without consent. Others involve threats of force, bodily injury, use of weapons, or circumstances said to aggravate the offending.
The seriousness of a charge often depends on the level of injury, who was involved, whether a weapon was used, whether the matter arose in a domestic setting, and the accused’s prior record.
Defending Assault Charges
Many assault matters turn on factual disputes and context. Possible defences or issues may include:
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- Self-defence;
- Defence of another person;
- Lack of intent;
- Accident;
- Mistaken identity;
- Unreliable witnesses; and
- Insufficient evidence.
We carefully review witness statements, CCTV, body worn camera footage, medical records, photographs and all surrounding circumstances to determine the best course forward.
Family Violence and Aggravated Assault Matters
Some assault allegations are treated more seriously because of the relationship between the parties, the presence of children, alleged breaches of court orders, or repeated conduct.
These matters can carry significant consequences beyond sentence, including bail restrictions, no-contact conditions, firearms consequences and reputational impact. Early legal advice is often critical.
Police Interviews and Early Advice
Many assault matters begin with a complaint, arrest or request for interview. What is said in a police interview may later be relied upon in court.
We advise clients regarding interviews, bail, disclosure, negotiations with prosecutors and how best to protect their position from the outset.
Why Early Advice Matters
An assault conviction can affect employment, travel, licences, firearms rights and future court outcomes. Prompt legal advice can assist in preserving defences, managing police contact and improving final result.
Speak With Our Team
If you have been charged with assault, unlawful wounding, AOBH or another violence related offence, or have been asked to attend a police interview, contact Gunning Young for confidential advice as early as possible.