If you’re facing assault charges in Western Australia, having a skilled and experienced criminal lawyer is essential to securing the best possible outcome for your case.

At Boudica Criminal Law, we have years of experience defending clients against serious assault charges, including assault occasioning bodily harm, common assault, and a range of other violent offences.

We are dedicated to providing specialised legal advice and strong representation to help you navigate the complexities of the criminal justice system.

Criminal law in WA covers a wide range of offences involving violence or the use of force.

These offences are typically outlined under the Criminal Code and can range from simple common assault to more serious charges like assault occasioning bodily harm or grievous bodily harm.

Some of the key assault offences in WA include:

• Common Assault (s313)

• Assault Occasioning Bodily Harm (s317)

• Grievous Bodily Harm (s297)

• Wounding (s301)

• Indecent Assault (s323)

• Home Invasions

• Assault with Intent to Steal or Rob (s393)

• Assaults on Police and Public Officers (s318)

Understanding the differences between these charges and the penalties they carry is crucial to building a strong defence.

Each charge varies in severity, and the penalties can range from fines to lengthy prison sentences, depending on the circumstances.

The penalties for assault charges in Western Australia can be severe. Sentences for common assault, assault occasioning bodily harm, and other violent offences vary greatly depending on the specific circumstances of the case.

Some offences are treated as “either way” offences, meaning they can be heard in either the Magistrates Court or the District Court, each with different sentencing outcomes.

Mandatory Sentencing has become more common for certain assault charges, removing the discretion of judges and magistrates.

For example:

• Assaults on police officers in circumstances of aggravation usually carry a mandatory minimum sentence of six months imprisonment.

• Home invasions involving assault can result in mandatory sentences of up to 15 years—often more severe than those for manslaughter.

These changes in legislation have been introduced to address public concern about violent crime, but they can also lead to potentially unjust sentencing outcomes.

If you're facing charges that carry mandatory minimum terms, it's crucial to seek legal advice from top assault lawyers in Busselton like Boudica Criminal Law.

Many assault offences in WA can be committed under circumstances of aggravation, which may increase the severity of the charge or trigger mandatory minimum sentences.

Aggravating factors under the Criminal Code include:

• Committing the offence in the presence of a child

• The victim being 60 years of age or older

• Offending while on bail or subject to other court orders

• The use of a weapon or the appearance of being armed

• Offending motivated by race, or in the presence of vulnerable victims

Understanding these aggravating factors is key to navigating your assault case.

An experienced assault lawyer in Busselton can advise you on how these circumstances may impact your case and help you determine the best strategy.

WA’s Criminal Code also provides a range of defences for those charged with assault offences.

These include statutory defences as well as defences based on common law precedents.

Some of the most common defences include:

• Self-defence (s248)

• Provocation (s246)

• Insanity (s27)

• Resisting home invasion (s244)

• Duress (s32)

• Accident (s23B)

If you believe any of these defences apply to your case, it is important to consult with an experienced criminal lawyer in Busselton to determine how to proceed.

Boudica Criminal Law can provide guidance on whether a defence is applicable and help build a strong case for your defence.

Assault occasioning bodily harm is one of the more serious assault offences in WA.

This charge involves causing injury that results in substantial pain, physical impairment, or disfigurement.

The penalties for assault occasioning bodily harm can include heavy fines and imprisonment, depending on the nature of the injury and the circumstances of the offence.

If you’ve been charged with assault occasioning bodily harm, it’s essential to seek legal advice from experienced assault lawyers in Busselton.

At Boudica Criminal Law, we have the expertise to help you build a robust defence, challenge the evidence against you, and explore any potential defences that may apply to your case.

At Boudica Criminal Law, we are committed to providing top-tier representation to clients facing assault charges in Perth and throughout Western Australia.

With nearly two decades of experience in criminal law, we understands the complexities of violent crime cases and the importance of providing clear, accurate legal advice. Whether you’re facing charges for common assault, assault occasioning bodily harm, or more serious offences, we are here to fight for your rights and protect your future.

We offer:

• Experienced legal representation for a range of assault charges

• Clear advice on the penalties and potential defences for your case

• Access to expert forensic evidence and independent criminal barristers when necessary

• Compassionate support for those dealing with complex legal and personal circumstances

If you’re facing assault charges in WA, it’s crucial to get the right legal advice from experienced professionals. Boudica Criminal Law is here to guide you through the legal process, protect your rights, and help secure the best possible outcome for your case.

Let Boudica Criminal Law provide you with the expert legal representation you need to navigate your assault charge with confidence.