In Western Australia, there are various types of assault charges. Their penalties depend on the severity of the offense. In some cases, the offenders can be sentenced to immediate imprisonment. In Australia, assault charges are handled with punishment. They are not the form of crime that the law enforcement agencies of Australia take seriously. Therefore, regardless of the degree of assault or criminal offense, the charges should not be taken lightly.
The penalties depend on the seriousness of the incidents. The Jail term is the maximum penalty for all assaults. The sentencing is based on certain factors, such as the degree of crime, the circumstances surrounding the offense, and the offender’s past criminal history. WN Legal provides you with all the information you need to know to overcome an assault challenge.
What is Assault?
An assault occurs in incidents that usually involve physical force, such as striking, touching, or applying force without the person’s consent. Also, if the consent is obtained by fraudulent means, then it is not considered to be the real consent of a person. Also, a physical injury doesn’t need to take place for an assault to occur. An assault can also arise, including threats where the offender has shown that he has the ability or the intention to carry out the assault. Also, assault can arise if the offender uses various harmful substances that can lead to injuries or personal discomfort to another individual. These harmful items may include light, heat, electricity, gases, etc.
Common Assault
The first type of assault charge is a common assault. This type of assault occurs when the offender has the intent to cause harm to the victim. It can also cause serious bodily harm. It is an intentional or reckless act that makes a person inflict violence on the victim through pushing, slapping, and striking. One of the serious assaults is spitting, as it can spread diseases.
What Happens if You Get Charged with Common Assault?
A convicted offender can face imprisonment and a fine. The imprisonment can range up to 18 months, whereas the maximum fine can be up to 18000 dollars. To be charged with the crime, certain things should be proven that the accused had put pressure on the victim, the pressure or the use of force occurred without the victim’s consent and was intentional. Some possible defenses include self-defense, emergency, accident, or provocation.
Assault Causing Bodily Harm
Under this type of assault, the offender causes the victim a physical injury or pain that adversely impacts the victim’s health or comfort. It can involve cuts, burns, fractures, disfigurements, or injuries. The degree of injury differentiates a common assault from an assault causing bodily harm.
What Happens If You Get Charged with Assault Occasioning Bodily Harm
A convicted offender can face imprisonment and a fine. The imprisonment can range up to 2 years, whereas the maximum fine can be up to 24000 dollars. To be charged with the crime, certain things should prove that the accused had threatened the victim with violence or caused injuries.
Conclusion
Regardless of the type of assault, assaults are taken seriously in Australia. Some factors that influence the sentencing include the nature of the assault, the type of injury sustained by the victim, and the circumstances under which the assault occurred.