Assault

 
 

It is important to understand what an unlawful assault is and the different ways the law says you can assault someone.

In Western Australia an assault is unlawful unless it is authorised, justified or excused by law. Generally speaking, an assault can occur by touching, moving, striking or applying force to another person without their consent. You can also assault someone without touching them by attempting to, or threatening to, apply force with any bodily act or gesture (raising your clenched fist, for example), provided that at the time you had the ability to carry out the threatened act.

Assaults against children, family members and senior citizens carry additional penalties. Assaults against public officers can sometimes carry mandatory prison sentences.

If you have been charged with assault, it is important you seek legal advice as the penalties can be severe and you may have a defence to the charge.

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