Expert Criminal Defence Lawyers in Perth

Facing criminal charges can be overwhelming and stressful. At Tom & Co Legal, we provide strong, strategic defence representation for all criminal matters in Perth and throughout Western Australia.

Our experienced criminal lawyers understand that criminal charges can have serious consequences including imprisonment, fines, and a criminal record that affects employment, travel, and your future. We fight to protect your rights, your freedom, and your reputation.

Whether you're facing serious criminal charges or traffic offences, we provide expert legal advice from your first contact with police through to court proceedings and appeals. We'll explain the charges against you, assess the evidence, identify defences, and develop a strong strategy to achieve the best possible outcome.

As a disability-led multilingual law firm, we ensure all Perth residents have access to quality criminal defence representation, with services available in English, Thai, Khmer, Hindi, and Gujarati.

Contact Us Immediately If:

  • You have been arrested or are under investigation
  • Police want to interview you
  • You have received a summons or court notice
  • You need urgent bail application assistance

Urgent Criminal Law Advice

Speak with our experienced criminal lawyers today. We're here to help you navigate your criminal law matters with expert defence and representation.

Available 24/7 for urgent matters. If you've been arrested or charged, contact us immediately.

Call Now
+61 8 6255 5737
Visit Our Office
92 Edward Street, Perth WA 6000
Get Legal Help Now

Know Your Rights:

  • Right to remain silent
  • Right to legal representation
  • Right to contact a lawyer before police interview

Our Criminal Law Services

Comprehensive criminal defence for all charges in Perth and Western Australia

Assault Charges Defence

Assault charges in Western Australia range from common assault to aggravated assault and can result in serious penalties including imprisonment. Our experienced Perth assault lawyers provide strong defence representation for all types of assault charges.

Types of assault we defend:

  • Common Assault: Unlawful assault without aggravating circumstances (up to 18 months imprisonment)
  • Assault Occasioning Bodily Harm: Assault causing bodily harm (up to 5 years imprisonment)
  • Aggravated Assault: Assault in circumstances of aggravation such as causing bodily harm (up to 7 years)
  • Assault Causing Grievous Bodily Harm: Serious injuries (up to 10 years imprisonment)
  • Assault Public Officer: Assault against police or public officials (up to 10 years)
  • Sexual Assault: Serious sexual offences (lengthy imprisonment terms)

Defence strategies may include: Self-defence, defence of another person, defence of property, accident, consent, mistaken identity, or challenging the prosecution's evidence. We thoroughly investigate the circumstances, obtain witness statements, review CCTV footage, and build a strong defence case.

Drug Offences

Drug offences in Western Australia are taken seriously with penalties ranging from fines to lengthy imprisonment. Whether you're charged with possession, trafficking, or cultivation, we provide expert defence representation.

Drug offence defence includes:

  • Drug Possession: Possession of cannabis, methamphetamine, cocaine, heroin, or other prohibited substances
  • Possession with Intent to Sell or Supply: Serious charges with significant penalties
  • Drug Trafficking: Selling or supplying prohibited drugs (substantial imprisonment)
  • Drug Manufacturing: Manufacturing or cultivating drugs including cannabis cultivation
  • Importation of Drugs: Federal offences with severe penalties
  • Possession of Drug Paraphernalia: Equipment for drug use or manufacture

Defences include: Lack of knowledge of drug presence, lack of possession, unlawful search and seizure, chain of custody issues, quantity disputes, and duress. We challenge police evidence, forensic testing, and search procedures.

Penalties vary based on: Type and quantity of drug, circumstances of the offence, commercial vs personal use, and your criminal history.

DUI / Drink Driving Offences

Drink driving and driving under the influence (DUI) charges in Western Australia carry mandatory licence disqualifications and can result in fines, imprisonment, and a criminal record. Our Perth DUI lawyers help minimise penalties and protect your licence.

Drink and drug driving offences:

  • Exceed 0.05 BAC: Blood alcohol concentration over legal limit (licence suspension, fines)
  • Exceed 0.08 BAC: Higher range PCA (longer disqualification, higher fines)
  • Driving Under the Influence: Impaired driving ability (serious penalties)
  • Drug Driving: Driving with prescribed illicit drugs in system (mandatory penalties)
  • Refuse Breath Test: Refusing or failing to provide breath/blood sample
  • Second or Subsequent DUI: Harsher penalties for repeat offenders
  • DUI Causing Death or Injury: Serious charges with imprisonment

Penalties typically include: License disqualification (minimum periods apply), fines, alcohol interlock device, traffic offender's program, and potentially imprisonment for serious cases or repeat offences.

Possible defences: Challenging breath/blood test procedures, equipment calibration issues, rising blood alcohol defence, necessity/duress, honest and reasonable mistake.

We can also assist with applications for Extraordinary Driver's Licences to minimise employment and personal hardship.

Traffic Offences

Traffic offences in Perth range from minor infringements to serious criminal charges. We provide expert representation for all traffic matters to minimise penalties and protect your licence.

Traffic offence defence:

  • Dangerous Driving: Driving in a manner dangerous to the public (up to 3 years imprisonment)
  • Dangerous Driving Causing Death: Very serious charge with lengthy imprisonment
  • Reckless Driving: Driving without due care and attention
  • Excessive Speeding: Driving 45+ km/h over limit (court appearance required)
  • Street Racing: Organised racing on public roads (vehicle impoundment)
  • Driving While Suspended/Disqualified: Driving during licence suspension or disqualification
  • Unlicenced Driving: Driving without a valid licence
  • Fail to Stop After Accident: Leaving accident scene (serious penalties)
  • Accumulation of Demerit Points: License suspension from points accumulation

Traffic offences can result in fines, demerit points, licence suspension/disqualification, vehicle impoundment, and imprisonment for serious offences.

Domestic Violence Charges

Domestic violence charges in Western Australia are treated very seriously. Common charges include assault (family and domestic), breach of restraining orders, and threatening behavior. A conviction can have serious consequences for family relationships, employment, and future prospects.

Domestic violence matters we handle:

  • Common Assault (Domestic Violence): Assault against family member or domestic partner
  • Aggravated Assault (Domestic Violence): Assault in circumstances of aggravation in domestic setting
  • Breach of Family Violence Restraining Order: Contacting protected person or attending protected location
  • Threatening Behaviour: Threatening words or behavior in domestic context
  • Stalking and Intimidation: Pursuing or intimidating family member
  • Property Damage (Domestic): Damaging property in domestic violence context

Important considerations: Domestic violence charges are often police-initiated, meaning the alleged victim may not want to press charges but prosecution proceeds. We carefully examine the evidence, police statements, and circumstances to build your defence.

Penalties can include imprisonment, fines, restraining orders, and mandatory intervention programs. A conviction can also impact family law matters including parenting arrangements.

Theft & Property Crimes

Theft and property offences cover a wide range of criminal behavior from shoplifting to burglary. Penalties depend on the value of property, circumstances, and your criminal history.

Property crime defence:

  • Stealing/Theft: Taking property without permission (penalties vary by value)
  • Shoplifting: Theft from retail stores
  • Burglary: Entering premises to commit an offence (serious penalties)
  • Aggravated Burglary: Burglary in aggravated circumstances (lengthy imprisonment)
  • Robbery: Theft involving force or threat of force (serious charge)
  • Receiving Stolen Property: Knowingly receiving or disposing of stolen goods
  • Criminal Damage: Intentionally or recklessly damaging property
  • Trespass: Unlawfully entering or remaining on property

Defences may include: honest claim of right, lack of intent to permanently deprive, mistaken identity, consent, or lack of knowledge property was stolen.

Fraud & White Collar Crime

Fraud and white collar crimes involve dishonest conduct for financial gain. These charges often involve complex evidence and can attract substantial penalties including imprisonment and compensation orders.

Fraud offences we defend:

  • Fraud: Dishonestly obtaining property or financial advantage by deception
  • Identity Theft/Fraud: Using another person's identity for gain
  • Credit Card Fraud: Unauthorized use of credit cards or payment details
  • Tax Fraud: Dishonest dealings with taxation authorities
  • Centrelink Fraud: False representations to obtain welfare benefits
  • Insurance Fraud: False claims or misrepresentations to insurers
  • Embezzlement: Misappropriating funds entrusted to you
  • Money Laundering: Concealing proceeds of crime

White collar crimes often involve extensive documentation, financial records, and expert evidence. We work with forensic accountants and experts to challenge the prosecution's case and present your defence.

Bail Applications

If you've been refused bail or held in custody, we provide urgent bail application assistance. Being granted bail allows you to remain in the community while your matter proceeds through court.

Bail application services:

  • Urgent bail applications to Magistrates Court or Supreme Court
  • Bail variation applications
  • Review of bail conditions
  • Surety arrangements
  • Addressing prosecution objections to bail
  • Preparing bail reports and support materials

Factors considered for bail: Likelihood you'll appear at court, risk to public safety, protection of witnesses, risk of reoffending, your ties to the community, and suitability of bail conditions.

We act quickly to prepare comprehensive bail applications with supporting evidence including accommodation, employment, family ties, and proposed bail conditions to maximise chances of bail being granted.

Court Representation

We provide expert court representation at all stages of criminal proceedings in Western Australia, from Magistrates Court through to Supreme Court and appeals.

Court representation includes:

  • First court appearances and mentions
  • Plea negotiations with prosecutors
  • Sentencing submissions and mitigation
  • Contested hearings and trials
  • Magistrates Court, District Court, and Supreme Court matters
  • Appeals against conviction or sentence
  • Spent convictions applications

We thoroughly prepare every case, challenge prosecution evidence, cross-examine witnesses, and present compelling arguments to achieve the best outcome whether that's withdrawal of charges, acquittal, or minimal penalty.

The Criminal Defence Process

What to expect when facing criminal charges in Western Australia

1

Arrest or Charge

You may be arrested, summonsed, or receive a court attendance notice. Contact us immediately - the earlier we're involved, the better we can protect your rights and interests. DO NOT speak to police without a lawyer present.

2

Initial Consultation & Advice

We'll review the charges, police evidence, and circumstances. We'll explain the potential penalties, identify possible defences, discuss bail if applicable, and provide clear advice on your options.

3

Investigation & Evidence Gathering

We obtain the police brief of evidence, conduct our own investigations, interview witnesses, obtain expert reports, and gather evidence to support your defence. We identify weaknesses in the prosecution case.

4

Negotiations with Prosecution

Where appropriate, we negotiate with prosecutors to have charges withdrawn, downgraded, or resolved favorably. Many criminal matters are resolved without going to trial through skilled negotiation.

5

Court Proceedings

We represent you at all court appearances. If pleading guilty, we prepare detailed sentencing submissions to minimise penalties. If defending charges, we prepare your defence case and represent you at hearing or trial.

6

Resolution or Trial

Your matter concludes either through negotiated resolution, guilty plea with sentencing, or trial verdict. If unsuccessful, we can advise on appeals. If successful, we assist with spent conviction applications where applicable.

Why Choose Tom & Co Legal for Criminal Defence?

Experienced criminal lawyers fighting for your rights in Perth and Western Australia

Strong Defence Advocacy

We fight aggressively to protect your rights and achieve the best possible outcome for your case

Experienced Criminal Lawyers

Extensive experience defending all types of criminal charges in WA courts

Available When You Need Us

Urgent advice available for arrests and police interviews - we're here when it matters most

Thorough Case Preparation

We leave no stone unturned investigating your case and challenging prosecution evidence

Clear Communication

We explain the law and process in plain language (English, Thai, or Khmer) keeping you informed

Strategic Negotiations

Skilled at negotiating with police and prosecutors to achieve charge withdrawals or reductions

Understanding Criminal Penalties in Western Australia

Types of penalties and sentencing options

Sentencing Options in WA

Courts in Western Australia have various sentencing options available depending on the seriousness of the offence and your circumstances:

  • Dismissal: No penalty imposed, no conviction recorded
  • Good Behaviour Bond: Conditional release requiring good behavior for specified period
  • Fine: Monetary penalty (amounts vary widely based on offence)
  • Community Service Order: Unpaid community work (hours vary)
  • Community Based Order: Supervision in community with conditions
  • Intensive Supervision Order: Strict supervision as alternative to prison
  • Suspended Imprisonment: Prison sentence suspended on conditions
  • Imprisonment: Custodial sentence (length depends on offence)

Factors Affecting Sentencing

Courts consider numerous factors when determining sentence:

  • Seriousness and circumstances of the offence
  • Your criminal history (first offence vs repeat offender)
  • Your personal circumstances (age, health, family, employment)
  • Whether you pleaded guilty (discount for early guilty plea)
  • Remorse and prospects of rehabilitation
  • Impact on victims
  • Whether aggravating or mitigating factors present

We prepare detailed sentencing submissions highlighting factors in your favour to minimise penalties and, where possible, avoid conviction being recorded.

Criminal Record & Spent Convictions

A criminal conviction appears on your record and can affect employment, travel, and other opportunities. However, under the Spent Convictions Act 1988 (WA), certain convictions can become "spent" after a qualifying period if you don't reoffend.

We advise on eligibility for spent convictions and can assist with applications to have eligible convictions spent, clearing your criminal record.

Frequently Asked Questions

Common questions about criminal law in Perth, Western Australia

Should I speak to police without a lawyer?

No. You have the right to remain silent and the right to contact a lawyer before speaking to police. Anything you say can be used as evidence against you. Even innocent people can inadvertently make statements that harm their case. Contact us immediately if police want to interview you.

What happens if I'm arrested?

If arrested, you'll be taken to the police station. Police may interview you (you can refuse), and you may be charged. You'll either be released on bail or held in custody pending a bail application. Contact us immediately so we can attend the police station, advise you, and arrange bail if necessary.

Will I get bail?

Whether you're granted bail depends on factors including the seriousness of charges, your criminal history, ties to community, and risk of reoffending or not appearing at court. We can make urgent bail applications and argue for appropriate bail conditions.

Will I go to jail?

Not all criminal charges result in imprisonment. For many offences, especially first offences, alternatives like fines, community service, or good behaviour bonds are available. The outcome depends on the charge, circumstances, and your history. We work to minimise penalties and avoid imprisonment where possible.

Should I plead guilty or not guilty?

This depends on the evidence against you and available defences. We carefully review the prosecution case, advise on the strength of their evidence, identify possible defences, and explain the likely outcomes of pleading guilty vs defending the charges. We'll help you make an informed decision.

What is the difference between criminal and traffic offences?

While traffic offences are technically criminal matters, they're generally dealt with differently. Minor traffic offences may result in infringement notices (fines). Serious traffic offences like dangerous driving, excessive speeding, or DUI require court appearances and can result in licence disqualification, fines, or imprisonment.

Need Criminal Defence Representation?

Contact our experienced Perth criminal lawyers immediately for urgent advice and strong defence

Our Office

92 Edward Street, Perth WA 6000

Call Us

+61 8 6255 5737

Business Hours

Mon-Fri: 9:00 AM - 5:00 PM