What is a Common Assault in Western Australia?
In Western Australia, Common Assault is a criminal offence that occurs when a person intentionally or recklessly causes another person to fear that they will be immediately and unlawfully subjected to physical contact or harm. Common Assault does not require actual physical contact to have occurred and can include verbal threats or gestures that make the victim feel threatened. Common Assault is considered as a summary offence, which means it is dealt with in the Magistrates Court. The maximum penalty for common assault is imprisonment for 3 years or a fine of up to $36,000 or both.
What are the steps involving a Common Assault charge in Western Australia?
The steps involved in a Common Assault charge in Western Australia can include the following:
- Report: The alleged victim of the Common Assault must report the incident to the police.
- Investigation: The police will conduct an investigation to determine if there is enough evidence to charge the individual with Common Assault.
- Charge: If the police find enough evidence, they will charge the individual with Common Assault.
- Court Appearance: The individual will be required to attend court for their first appearance, where they will be advised of the charges against them and will enter a plea of guilty or not guilty.
- Pre-trial: If the individual pleads not guilty, a date will be set for a pre-trial conference, where the lawyer and prosecutor will discuss the case and try to reach a resolution.
- Trial: If a resolution is not reached, the case will go to trial. The prosecution will present evidence against the individual and the defence will present their evidence and arguments.
- Sentencing: If the individual is found guilty, the judge will impose a sentence, which can include fines, community service, or imprisonment.
It’s important to note that this is a general overview, and the specific steps may vary depending on the individual case and court procedures. It is also important to consult a lawyer in order to understand the legal process and ensure that the individual’s rights are protected throughout the case.
How can a Common Assault lawyer help?
A lawyer who specialises in Common Assault cases can provide legal representation and guidance to someone who is facing charges for Common Assault. The lawyer can help the individual to understand the charges against them and the possible consequences of a conviction. They can also review the evidence and develop a defence strategy, which can include arguing that the individual did not intend to cause the victim to fear immediate and unlawful physical contact or harm, or that the victim’s fear was not reasonable.
The lawyer can also negotiate with prosecutors on the individual’s behalf, in an effort to have the charges reduced or dropped. If the case goes to trial, the lawyer can represent the individual in court and provide a strong defence.
Additionally, a lawyer can also help the individual to understand the legal process and ensure that their rights are protected throughout the case, as well as advising on any potential alternatives to criminal proceedings such as restorative justice or mediation.
Rebus Legal can provide advice and act for you in these matters. Call our 1800 732 875 number and take advantage of a free 15-minute consultation.