What Are The Assault Charges? In What Ways Can An Assault Lawyer Help?

December 1, 2022    criminaldefencelawyersperthwa
What Are The Assault Charges? In What Ways Can An Assault Lawyer Help?

If you have been charged with assault, there is a chance that your whole life will change in an instant. People’s perceptions about you and your character can be negatively changed, making people paint you as someone you are not. In some cases, assault can be physically justified if you can prove that the situation needed physical intervention.

You can contact the best criminal lawyer in your area with years of experience defending clients with assault charges. Read the guide below to learn more about an assault charge and how the best lawyers can help.

What Is An Assault Charge?

Assault with a weapon is considered a serious offence under the Criminal code. This offence involves using or threatening to use force against another individual without the person’s consent. The severity of the act is quite important in this case. But as per the criminal code, a weapon is not only limited to knives and firearms.

The law has a proper definition of what constitutes a weapon. It is also not necessary that the individual who actually uses this weapon in the commission of the assault is only carrying the weapon or threatening to use the weapon can justify the charges of assault with the weapon against the assailant.

What Is The Penalty For An Aggravated Assault?

Before you hire an assault lawyer, you must know that aggravated assault is one of the most serious crimes. As per the criminal code, an offence can be considered an assault that can maim, disfigure, injure or endanger the life of the complainant. The seriousness of the action of the accused towards the victim is important and can justify the imposition of any punishment, such as years of imprisonment.

Are There Defences Against Assault Charges?

Yes, there are defences against assault charges, and there is no criminal charge without a defence. There is always a way out, and you can easily find it with the help of an expert criminal lawyer. There is no exception to the charges of assault in this principle, and this is why Australian law has created various defences to this charge.

Some Of The Possible Defences For An Assault Charge Are As Follows:

  • The Defence Of Consent

An assault charge can only be raised against an individual if there is a lack of consent on the part of the victim. One of the classic examples of this is the defence being a fight.

  • Self-Defence

You did apply force against someone, but it might have been to defend yourself. Self-defence is one of the best excuses that can help break a deadlock if the harm that you caused is the same harm you have avoided and if there is a legitimate reason to fear that harm might be done to you.

  • Accident

This assault charge needs criminal intent to use force. If the act that you are accused of was accidental and you did not want to use force against the individual, it can be a good basis for your defence.

Reasonable Belief

To establish that any assault occurred, the prosecution has to prove that your actions have caused the victim to fear immediate physical violence. The prosecution must have to describe how your physical gestures and language established a violent threat. But before hiring lawyers for assault cases, there are various ways that you can dispute that the assault occurred, like claiming:

  • Your allegedly threatening behaviour was misinterpreted or unintentional
  • The alleged victim was not reasonable in believing that your actions were threatening
  • The alleged threats should not lead to the victim fearing imminent danger.

People might show unnecessary fear towards you due to your appearance and their own anxieties. Providing a proper and reasonable explanation of the incident will show that you never wanted to threaten or harm the alleged victim. Witness testimony will be able to support your account of the relevant incident.

Defence Of Others

This type of defence is similar to self-defence; the only exception is, instead of the individual fearing harm to themselves, they protect another individual from potential harm. With self-defence, there needs to be a proper cause for their concern and for the well-being of another person.

Defence Of Property

This type of defence explains that a person assaulted another person as they feared that their property might be harmed. They may also fear that there will be an illegal invasion of their property. The law will differ based on the Australian state, and this is why you must check with an assault lawyer before looking for any defence.

Though in most cases, people have the right to protect themselves if someone improperly or unlawfully enters their residence, the case is not always the same in terms of personal property. If there is any kind of dispute over their property, the owner will not be allowed to use physical force to get back their property. They can only use force to retrieve a stolen item from their property.

Why Should You Take The Help Of A Criminal Lawyer For An Assault Charge?

Australian law is one of the unique fields that can take years of experience to expertise, and criminal law is a unique form of law. There are various subtleties of criminal law, and the line between the guilty and the innocent can be thin; this is why choosing the right criminal lawyer is important.

When you have the services of an experienced criminal lawyer Perth, you can improve your chances of getting the right defence. Contact Criminal Defense Lawyers Perth, WA, to access the best lawyers who are aware of the facts and the law and can also provide the perfect defence for your case.

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