Arguments and disagreements are a typical result of an altercation. Ideally, a civilised discussion should be the way to solve these skirmishes – little insults and name-calling are also common. However, in the societal norms and the Australian legal system – assaulting a person is illegal and a punishable offence.
According to its severity, the penalty can range from fine to incarceration or both. Of course, the legal system allows you to plead your case before a judge and jury. You will need the help of a skilled assault lawyer in Perth for that.
Some people may opt for self-representation, but the statistics tell a different story. The success rate of self-litigated applicants (representing themselves in the court) stands at only 2.94%. Therefore, it’s better to take the help of a skilled lawyer in your locality.
Usually, to general people, assault means doing bodily harm or touching with the intent to cause damage. However, the reality is quite different because the court will dole out its judgement according to guidelines mentioned in the law. Let us know the definition of assault in criminal law and its various types.
An offence against an individual, irrespective of its severity, is the basis of assault in Australian law. It can have various charges – however, the act of assault must be intentional, and the victim can have a reasonable worry of immediate harm. It is not essential whether the damage occurred or not.
So, according to this definition, if the perpetrator aims at touching, moving, striking, or applying force without the victim’s consent, the Australian legal system will consider it an act of assault. If the committer obtains the permission with the help of fraudulent means or by placing the victim under duress, the same consideration will apply.
Therefore, whether the actual physical harm occurred becomes irrelevant because just an attempt to attack or threat of force will suffice for the charge. Incidentally, the assault will also happen if the committer uses light, heat, electricity, odours, or any element to inflict personal injury or problem to another individual.
The Australian law defines assault into two distinct characteristics, details of which are mentioned below:
Common assault is the most extensively occurring criminal charge in Australia, as it may result from a typical quarrel or fight. A dispute with another individual accompanied by threats, or, on the other hand, infliction of minor injuries by connecting with another person’s body as a result of a shove, hit, spitting on, throwing things, push, etc., proves common assault.
Circumstances when assault leads to blood loss or other cutting of the victim’s skin’s outer layer.
Any aggressive touching or enticement of the victim to act uncivilised obscenity and coercing the victim to become a spectator of an act of gross indecency constitutes a sexual assault. The term “gross indecency” is defined as an act that does not give rise to penetration but involves invasive touching in Australian law.
You can see that at first glance, you need to define the type of assault to file a case properly and ensure the correct judgment. Remembering that the judicial system could act within the law would be best. So, unless you have the complete knowledge and training to utilise the fullest extent, it is better to let expert criminal defence lawyer do their job.
According to the Australian Bureau of statistics, a probable 4.4% of individuals aged 15 years and over (totalling approximately 889,800) faced one or more particular individual assault in 2020-21, details of which are as follows:
The number of cases the Australian legal court would face is evident from this statistic. It is therefore vital to get concise and legal-worthy representation from the most criminal lawyers to have the best chance of receiving justice.
Consequently, one should look for the most skilled and experienced lawyers to ensure their cases get the appropriate attention and legal expertise.
The idea of representation is known widely – in case of legal disputes or other court-related matters. However, due to the recent developments in the Australian legal scene – awareness about hiring a lawyer is trumped by the inability to get one.
It is almost inconceivable that an educated, or at least an individual apprised of the day-to-day events, doesn’t know about the utility of hiring an assault lawyer Perth for their cases.
Primarily the following reasons are the cause the defendants or prosecutors alike to turn up without legal representation:
Skilled lawyers will take their money’s worth, often serving only significant corporations with the power to pay top dollar. This development results in blocking these lawyers’ time and, in several cases, voluntary disagreement to represent the non-affluent population.
Some legal firms have a dedicated department for providing pro bono work – however, in most cases, the lawyers present there are not of the same standard as the partners, and if they are – they ultimately join the money-loving crowd.
Legal-aid services were a great source of legal help for individuals from lower-middle-class, upper-middle-class, or low-earning classes. However, the Australian budget has cut funds in the legal aid sector – resulting in a shortage of able lawyers and legal resources.
In most cases, the legal –aid firms don’t give proper priority to assault cases, which results in late registration in the court and delayed proceedings.
A general individual will not be knowledgeable about the working of the legal apparatus – which makes them over-confident about not needing a lawyer. An example would clear the matter. If the prosecutor presents DNA evidence against you, you will not have access to it like the police or the legal system.
You can examine it – but you will need a court order. If you do not have a lawyer, getting to explore that evidence has low priority – because the prosecution can easily contradict your claim using a biased plea (You are not supposed to remain impartial with evidence incriminating yourself).
Criminal assault lawyers work in the legal environment and know its nuances. They have contacts, knowledge, and experience – which they can use to assist in your legal case.
In a legal case, paperwork is essential – because the court or the judicial apparatus can change their verdict if the correct info in writing is not submitted. The same thing can happen if the paperwork is submitted incorrectly.
A criminal defence lawyer will know the proper way of filling out the paperwork – including the most appropriate evidence and the correct documents to submit.
The Australian law is clear and specific about the conditions that constitute an assault charge. However, it is always in flux, as one counsellor can interpret it differently, and the court can accept it.
So, having a lawyer assisting you will help you get a knowledgeable defence, a chance to exploit the loopholes, and how much reduction you can get based on the current situation.
The law allows the defendant the right to legal counsel and to remain silent unless they are legally assisted. However, the accused would have to invoke these rights clearly (say precisely that they are invoking their right to a lawyer and silence; otherwise, the court may consider it a willing waiving of these rights).
A lawyer can make you aware of when to speak and when not – because the court cannot help if you start to participate in a conversation about yourself when you choose to remain silent.
Situations when the target of an assault undergoes a bodily injury, such as swelling or bruising, give rise to battery charges.
It would occur if the actual assault resulted in the harm of a discrete fragment of an organ, or extensive mutilation or detriment to the victim’s life or health if left untreated.
Moreover, a lawyer will know which evidence is inadmissible – that is, it is not fit to be presented as proof in court. The lawyer can examine these pieces of evidence and stop them from being included in the trial. Once declared inadmissible by the court, your chances of getting justice increase manyfold.
Assault lawyers are necessary for getting the most advantage of the existing laws of the court – including the guidelines of evidence and penalties – for the accused and the victim. Having the might of the most skilled law firm can work wonders for your case.