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Serious Assault Lawyers Perth
What Is Serious Assault in Western Australia?
A serious assault charge is one of the most significant assault offences under Western Australian law, and one that carries mandatory minimum sentences in certain circumstances. If you’ve been charged, understanding the charge and acting quickly is critical.
Serious assault is defined under Section 318 of the Criminal Code Act Compilation Act 1913 (WA). Unlike common assault or assault occasioning bodily harm, serious assault specifically involves assaulting a person who holds a protected role whether that’s a police officer, a prison officer, an ambulance officer, a healthcare worker, or a public transport operator.
Serious Assault Charges in Perth – Who Is Protected Under the Law?
A serious assault charge can arise from assaulting any of the following:
- A public officer performing their duties – including police officers, prison officers, and public transport security officers
- A person performing a function of a public nature conferred by law
- Someone assisting a public officer in the course of their duties
- The driver or operator of a railway vehicle, ferry, or passenger transport vehicle
- An ambulance officer, SES or FES member, or volunteer firefighter performing their duties
- A person working in a hospital or providing a health service to the public
- A court security or custodial services contract worker under the Court Security and Custodial Services Act 1999
- A prison contract worker under the Prisons Act 1981
Penalties for Serious Assault in Western Australia
Serious assault is a crime under Section 318(1) of the Criminal Code Act Compilation Act 1913 (WA), carrying up to 7 years’ imprisonment in most cases and up to 10 years where the offender was armed or acted in company. A summary conviction can still result in 3 years’ imprisonment and a $36,000 fine.
What makes serious assault particularly serious is the mandatory minimum sentencing provisions. Where the assault involved a police officer, prison officer, ambulance officer, or similar protected person who suffered bodily harm, the court must impose a term of imprisonment and cannot suspend it. For adult offenders, that minimum is either 6 or 9 months depending on the circumstances.
The penalties alone make early legal advice essential. The right representation can be the difference between a conviction with imprisonment and a significantly better outcome.
Potential Defences to Serious Assault
When facing a serious assault charge, a robust defence strategy is crucial. Several defences may be applicable depending on the specifics of your case – such as self-defence, provocation, duress, or challenging whether the alleged victim was in fact performing their protected duties at the time. However, the right defence depends on the unique circumstances of the alleged offence.
Our experienced serious assault lawyers in Perth are skilled at assessing the details of your case to identify the strongest available defences. Whether that means challenging the evidence, addressing inconsistencies in the prosecution’s case, or exploring alternative resolutions, we are dedicated to advocating for your rights and working towards the best possible outcome.
Contact Timpano Legal – Serious Assault Lawyers in Perth
If you’re facing serious assault charges, Timpano Legal is here to provide you with expert legal representation and unwavering support. Our dedicated criminal defence lawyers in Perth and Western Australia (WA) are committed to safeguarding your rights, advocating for your interests, and guiding you towards the best possible resolution.
Contact Timpano Legal on (08) 9221 7777 or book a consultation today to schedule a consultation and take the first step towards securing your future.
Frequently Asked Questions about Serious Assault Charges
What’s the difference between serious assault and common assault?
Common assault (s.313) involves applying or threatening force without the aggravating factors that make an offence serious. Serious assault is a more serious category of offence since it involves assaulting a person in a protected role, such as a public officer, healthcare worker, or emergency responder. The penalties are substantially higher and, in some cases, the court has no discretion about imposing imprisonment.
Can I be charged with assaulting a public officer if it was in self-defence?
Self-defence is a recognised defence under Section 248 of the Criminal Code Act Compilation Act 1913 (WA) and can apply to serious assault charges. Whether it succeeds depends on the specific circumstances; including the nature of the threat, your response, and whether your actions were proportionate. Our experienced serious assault lawyers can assess your situation and advise on the strength of a self-defence argument in your case.
What constitutes “serious assault” on a public officer?
Serious assault under Section 318 of the Criminal Code WA doesn’t require significant injury. It’s defined by the protected status of the alleged victim, not the severity of harm caused.
If the person you’re alleged to have assaulted was a police officer, ambulance officer, healthcare worker, or other protected person performing their duties, a serious assault charge may apply regardless of the outcome of the incident.
Are there any mitigating factors that can influence the consequences?
Mitigating factors, such as lack of prior criminal history and the circumstances of the incident, can influence sentencing. Our team can help you identify and present these factors in your defence.
What should I do if I’ve been charged with assaulting a public officer?
If you’re facing charges of assaulting a public officer or police officer, contact a criminal defence lawyer as early as possible – ideally before making any statement to police. Serious assault carries significant penalties, including mandatory imprisonment in certain circumstances, so early advice is critical. Call Timpano Legal on (08) 9221 7777 or book a consultation online.
laura@timpanolegal.com.au
