Assault Offences

Under the Criminal Code (WA), an assault generally means applying force to another person without their consent. This can include hitting, pushing, grabbing, or even threatening to use force — it doesn’t always involve an injury. What matters is the intent and lack of consent.

The main assault offences in Western Australia are:

• Common Assault – minor assaults or threats, usually involving little or no injury.
• Assault Occasioning Bodily Harm (AOBH) – where the victim suffers a more serious injury.
• Unlawful Wounding – where the injury involves a break in the skin, such as a cut or stab wound.
• Grievous Bodily Harm (GBH) – the most serious type, involving permanent or life-threatening injury.

Each charge carries different penalties — from fines and community-based orders to significant prison terms for the most serious offences.

Yes. Some assault offences carry mandatory or immediate imprisonment, particularly where there is significant injury, use of a weapon, or the victim is a public officer (such as a police officer or paramedic).
However, not all assaults lead to jail. The outcome depends on the severity of the injury, your prior record, and the circumstances of the offence.

You may have a valid defence even if you did use force. Common legal defences include:

• Self-defence – where you acted to protect yourself or another person from harm;
• Provocation – where your actions followed significant provocation from another person;
• Lawful authority – such as a police officer lawfully using force in their duties;
• Consent – for example, in contact sports or other agreed activities; or
• Accident or lack of intent – where any contact was unintentional.

Our lawyers assess the evidence in detail to determine whether any of these defences apply.

If you were defending yourself or someone else, this may be a complete defence.
However, the law requires that the force used was reasonable and proportionate to the threat faced. Our team can help establish whether your response was legally justified.

You can still be charged with common assault even if no injury occurred.
Threats, attempts to strike, or any unwanted touching can qualify if they were intentional and without consent.
While these matters are generally less serious, they can still result in a criminal conviction.

Yes. An assault conviction becomes part of your criminal record, which can affect your employment, visa, and travel opportunities, especially if you work in security, healthcare, or law enforcement.
In some cases, we can ask the court to grant a Spent Conviction Order to prevent it appearing on your record. It is important to know that any application for a Spent Conviction Order must be made at the time of your sentencing – not afterwards, unless you wait the mandatory waiting periods. See our section of Spent Conviction Orders.

False or exaggerated assault claims are not uncommon — especially in emotionally charged situations.
Our lawyers will review all available evidence, including CCTV footage, medical records, and witness statements, to challenge inconsistencies and ensure your version of events is properly presented.

If police contact you about an assault allegation, do not answer questions (apart from your name, address, or date of birth) or provide a statement before speaking to a lawyer.
You have the right to remain silent. Contact Perrella Legal immediately for advice before participating in any interview.

Our experienced criminal defence lawyers have successfully represented clients in all types of assault cases — from minor altercations to serious bodily harm and public officer assaults.
We can:

• Explain your charges and possible outcomes;
• Advise on defences or negotiation options; and
• Represent you in court to achieve the best possible result.

Contact Perrella Legal today for a confidential consultation with an experienced assault lawyer in Perth.