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Threats Lawyer Perth
Understanding Threats Charges in Perth & Western Australia
In Western Australia, threats offences are taken seriously by the courts. A threat can be delivered verbally, in writing, by gesture, or through any other form of communication.
Threats charges can arise in many contexts: workplace disputes, family matters, online communications, social media posts, or confrontations between acquaintances. The nature of the threat, the relationship between the parties, and the circumstances in which it was made all matter.
What makes a threat a criminal offence rather than just heated words is intent and context. Our threats lawyers in Perth have years of experience assessing whether conduct meets the legal threshold for a charge, or whether the evidence can be challenged.
Threats Charges Under Western Australian Law
In Western Australia, threats offences are governed by the Criminal Code Act Compilation Act 1913 (WA):
Section 338 defines what constitutes a threat: a statement or behaviour that expressly constitutes, or may reasonably be regarded as constituting, a threat to:
- kill, injure, endanger or harm a person;
- destroy, damage, endanger or harm property;
- take or exercise control of a building, structure or conveyance by force or violence;
- cause a detriment of any kind; or
- distribute an intimate image of another person.
Section 338A covers threats made with intent to gain a benefit, cause a detriment, or compel or prevent a lawful act.
Section 338B is the general offence of making a threat. A threat to kill carries the highest maximum penalty. Penalties are higher if the threat was committed with circumstances of racial aggravation.
Penalties for Threats Charges
Threats charges carry penalties that vary with the offence and the circumstances. In most cases a threat charge can result in imprisonment, a fine, or both. The exact penalty depends on factors such as:
- Whether the threat was explicit or implied
- Whether the threat involved violence, property damage, or other serious harm
- The relationship between you and the person threatened
- Whether aggravating factors are present, such as threats against vulnerable people, repeated threats, or threats made across multiple channels
A charge under section 338B may be dealt with summarily in the Magistrates Court, or on indictment in the District Court, depending on the seriousness of the alleged threat. Even a summary conviction can result in significant penalties, including imprisonment and substantial fines.
The seriousness with which courts approach these charges means early legal advice is critical. The right defence strategy, built with an experienced criminal defence lawyer, can make the difference between conviction and acquittal, or between imprisonment and a significantly better outcome.
Defences to Threats Charges
Depending on your circumstances, several defences may be available. These include challenging whether a threat was made at all, showing there was no intent to cause fear or gain a benefit, or duress or emergency.
The context in which the words were used may be important in determining whether they constituted, or could reasonably be regarded as constituting, a threat. This may include whether the words were conditional, hypothetical, sarcastic or otherwise incapable, when viewed in context, of amounting to the alleged threat.
Our threats lawyers in Perth identify weaknesses in the prosecution’s case and build defence strategies tailored to your situation. Because every matter is different, we assess your specific circumstances to determine the strongest approach.
How Timpano Can Help with Threats Charges in Perth
A threats charge does not mean a conviction is inevitable, but it does mean you need skilled, experienced representation from the outset. At Timpano Legal, we understand the gravity of facing criminal charges and the impact they have on your life, your employment, and your future.
Our criminal defence lawyers in Perth take the time to understand your situation, analyse the prosecution’s case in full, and build a defence designed to protect your rights and achieve the best possible outcome. Whether that means fighting the charge, negotiating with prosecutors, or securing the most favourable result at trial or sentencing, we advocate for you.
Here at Timpano, we walk the path with you every step of the way.
Frequently Asked Questions About Threats Charges
What constitutes a threats charge?
A threat charge turns on whether the statement or behaviour expressly constitutes, or may reasonably be regarded as constituting, one of the prescribed kinds of threat. The threat can be explicit or implied, and it can be delivered verbally, in writing, online, or through other means.
Is threatening someone a crime in WA?
Yes. Under section 338B of the Criminal Code, making a threat is a criminal offence in Western Australia, whether or not you intended to carry it out and whether or not any harm followed. What matters is whether the words or conduct amounted to a threat, and the intent and context behind them.
Is verbally threatening someone a crime?
It can be. A threat doesn’t have to be written down or acted on. Spoken words are capable of founding a charge, and so are gestures and online messages. Whether a particular exchange crosses the line depends on what was said, the circumstances, and whether the prosecution can prove the necessary intent.
Can you go to jail for threatening to kill someone?
A threat to kill carries the highest maximum penalty of the threats offences, and imprisonment is available. Whether a term of imprisonment is actually imposed depends on the circumstances, your record, and how the matter is run. Early advice matters here more than almost anywhere else.
What is threatening behaviour under WA law?
Threatening behaviour covers conduct that expressly or reasonably appears to threaten harm to a person or property. It isn’t limited to words. Behaviour, gestures and a course of conduct can all qualify, and the relationship between the people involved often shapes how the conduct is read.
How can a threats lawyer help my case?
An experienced threats lawyer can assess the evidence against you, identify weaknesses in the prosecution’s case, develop a defence strategy, negotiate on your behalf with prosecutors, and make sure your rights are protected throughout. We can also help you understand the charge, your options, and the likely outcomes.
What penalties apply to threats charges?
Penalties vary with the seriousness of the offence and the circumstances. They can include imprisonment, a fine, or both. Factors such as whether the threat involved violence, the relationship between you and the complainant, and any aggravating factors all influence sentencing.
What if I’m being charged with threats?
Contact a criminal defence lawyer as soon as possible. Do not make any statement to police beyond your name, date of birth and address. Early legal advice is crucial to protecting your rights. Call Timpano Legal on (08) 9221 7777 or book a consultation online.
Contact a Threats Lawyer in Perth
If you’ve been charged with making a threat in Perth or anywhere in Western Australia, don’t navigate this alone. Timpano Legal is here to provide the expert criminal defence representation you need, whether you’re innocent or you’ve made a mistake you want to deal with properly.
Contact Timpano Legal on (08) 9221 7777 or book a consultation today.
We’re here when you need us.
laura@timpanolegal.com.au
