- carolyn@smiddybrown.com.au
- Level 1, 471 Hay Street, Perth, WA
- 0447640297
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With Smiddy-Brown Legal, your case is our priority. We have the experience and dedication. Please feel contact us for a complimentary 15 minute consultation.
With Smiddy-Brown Legal, your case is our priority.
Available 24 hours (08) 9468 3645
If charged with an assault, making threats or using weapons or firearms it is imperative that you seek legal advice. There are a number of defences available and there are often instances where a lawyer can seek for the downgrade of the charge.
Assaults
There is a wide range of assault charges
The type of charge will depend a lot on the situation and the injuries suffered. However, in many assaults it often involve a situation where a person may have acted in self-defence or have been provoked and these defences should be fully explored with a lawyer. In a lot of instances the charges can be downgraded or defended due to the circumstances of the matter.
Threats
A wide range of conduct may be deemed threats, including verbal threats as well as threatening behaviour. Common threats include threats to:
If a person is charged with making a threat, it is necessary to discuss the circumstances surrounding the case with a lawyer to determine whether there are defences available and that there was clearly a threat. Defences that may be open to a person charged with making a threat include wrongful identification and that there was an absence of intention that the threat be taken seriously.
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Call our lawyers for a complimentary consultation
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Meet with our lawyers and we will provide immediate advice and an outline of costs
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Be represented by a strong team throughout the legal process focussed on getting the best outcome for you
If you are facing charges of assault, making a threat or anything involving a weapon or firearm If you’re facing firearm or weapon charges, Smiddy-Brown Legal is able to provide you expert advice and represent you. Our dedicated lawyers are committed to safeguarding your rights, advocating for your interests, and guiding you towards the best possible resolution.
We have the experience and expertise to represent you through all the legal processes, procedures and technicalities to protect your legal rights and achieve the best possible outcome for you .
Call our lawyers on (08) 9468 3645 and relax with confidence knowing that your matter is in good hands.
Director, Solicitor and Barrister
Solicitor and Barrister
Common assault is a criminal offence under Section 313 of the Criminal Code and is prosecuted in the Magistrates’ Court. The maximum penalty for a common assault conviction is 18 months imprisonment and a fine of $18,000. Even though it is considered a less severe form of assault compared to aggravated offences, a conviction can still have serious legal and personal consequences. If you are facing a common assault charge, consulting an experienced assault lawyer in Perth is essential to understand your legal options and potential defences.
Our firm provides expert legal representation for various assault-related charges in Perth and throughout Western Australia. We handle common assault, aggravated common
assault, and assault causing bodily harm and other serious offences. Our assault charge lawyers in Perth represent clients across all West Australian courts, ensuring strong defence strategies tailored to each case.
The penalties for assault convictions in Western Australia depend on the severity of the offence and any aggravating factors:
Aggravating factors include the presence of another person during the offence, causing bodily harm, making threats to kill, or if the victim is over 60 years old. Given the severity of these penalties, consulting an experienced assault charges lawyer in Perth is essential to understanding your options.
Yes, first-time offenders can face jail time for assault, particularly if the offence is aggravated and causes bodily harm. However, courts may consider alternative sentencing options such as fines, community-based orders, or suspended sentences, depending on the circumstances. A skilled assault defence lawyer in Perth can present mitigating factors to help reduce the severity of the penalties.
For a conviction, the prosecution must prove beyond a reasonable doubt that:
Defending against an assault charge requires a thorough examination of the evidence. Having an experienced assault lawyer in Perth ensures your defence is well-prepared, whether challenging the allegations or negotiating for a reduced charge.
After being charged with assault, you will be required to attend court, where the legal process begins. The case may be resolved through negotiation, a plea deal, or trial depending on the evidence and circumstances. Seeking legal representation early is critical—an experienced assault charges lawyer can guide you through the process, build a strong defence, and work toward the best possible outcome.