Criminal Law Defence in Western Australia

Facing criminal charges? Get experienced legal representation when it matters most.

Being charged with a criminal offence is stressful and overwhelming. The consequences can affect your freedom, your career, your reputation, and your family. You need a lawyer who will fight for you, protect your rights, and achieve the best possible outcome.

At Delta Legal, we provide strong, strategic criminal defence across Perth and Western Australia. Whether you're facing minor charges or serious allegations, we're here to help.

Why You Need a Criminal Lawyer

The criminal justice system is complex and the stakes are high. Without proper legal representation, you risk:

• Pleading guilty when you have a valid defence

• Receiving a harsher sentence than necessary

• Having a criminal conviction affect your employment, travel, and future opportunities

• Missing critical procedural deadlines or requirements

A skilled criminal lawyer understands the law, knows the court processes, and can identify weaknesses in the prosecution's case. We negotiate with police and prosecutors, prepare compelling submissions, and advocate for you in court.

Areas of Criminal Law We Handle

Assault and Violence Offences From common assault to grievous bodily harm, we defend clients facing allegations of violence. We examine the circumstances carefully, including self-defence claims, provocation, and consent issues.

Drug Offences Possession, supply, intent to sell, and cultivation charges all carry serious penalties. We challenge police search procedures, question forensic evidence, and explore diversion options where available.

Traffic and Driving Offences Drink driving (DUI), dangerous driving, driving under suspension, and reckless driving can result in licence disqualification, heavy fines, and imprisonment. We work to minimise penalties and preserve your licence where possible.

Domestic Violence and Family Violence These matters require sensitive handling and strategic defence. We navigate restraining orders, violence restraining orders (VROs), and related criminal charges while protecting your interests.

Theft, Fraud and Dishonesty Offences Stealing, burglary, robbery, fraud, and receiving stolen goods are treated seriously by the courts. We scrutinise the evidence and build strong defence strategies.

Sexual Offences Allegations of sexual assault and related offences carry severe consequences and social stigma. We provide rigorous defence while handling these sensitive matters with discretion.

Weapons Offences Unlawful possession of firearms, prohibited weapons, and carrying weapons in public can result in significant penalties. We examine licensing issues, lawful excuse defences, and procedural matters.

Breaches and Bail Matters Breach of bail, breach of community order, and breach of violence restraining order charges require immediate attention. We act quickly to protect your liberty.

Commonwealth Offences Drug importation, Centrelink fraud, tax offences, and other federal matters are prosecuted in different courts with different procedures. We have experience in both state and federal jurisdictions.

The Criminal Court Process in WA

Understanding the process helps reduce anxiety and allows you to make informed decisions.

Police Interview If police want to interview you, you have the right to remain silent and the right to legal advice. Contact us before you speak to police—what you say can significantly impact your case.

Arrest and Bail If you're arrested, you may be held in custody until a bail decision is made. We can make urgent bail applications to secure your release with appropriate conditions.

First Court Appearance Charges are formally presented at the Magistrates Court. We can appear on your behalf in most circumstances, so you don't need to attend.

Case Management and Disclosure We obtain the prosecution's evidence, review CCTV footage, witness statements, and forensic reports, and identify weaknesses in their case.

Negotiation Many matters are resolved through negotiation. We engage with prosecutors to have charges withdrawn, downgraded, or to reach agreed sentencing positions.

Trial If your matter proceeds to trial, we prepare thoroughly—briefing witnesses, challenging evidence, cross-examining prosecution witnesses, and presenting your defence.

Sentencing If you plead guilty or are found guilty, effective sentencing submissions can mean the difference between imprisonment and a non-custodial outcome. We present your circumstances persuasively to achieve the best possible result.

Courts We Appear In

Magistrates Court of Western Australia Most criminal matters begin and are finalised here, including summary offences and less serious indictable offences dealt with summarily.

District Court of Western Australia Serious indictable offences such as armed robbery, serious assaults, drug trafficking, and sexual offences are tried and sentenced in the District Court.

Supreme Court of Western Australia The most serious offences, including murder and manslaughter, are dealt with in the Supreme Court.

Children's Court Young people under 18 face a different court process. We provide representation that recognises the unique considerations for juvenile offenders.

Possible Outcomes We Work Towards

Depending on the circumstances, we may be able to achieve:

Charges Withdrawn — Insufficient evidence or procedural issues can lead to charges being dropped entirely.

No Conviction Recorded — Under the Sentencing Act 1995 (WA), the court may find you guilty but decline to record a conviction. This can protect your employment and travel prospects.

Spent Conviction — Less serious offences can become spent after a waiting period, meaning they don't appear on standard criminal record checks.

Conditional Release Order — Release without a sentence, subject to conditions, without a conviction being recorded.

Fine — A monetary penalty, potentially with time to pay.

Community-Based Order — Supervision, community service, or program attendance instead of imprisonment.

Suspended Sentence — A term of imprisonment that is suspended, meaning you don't go to prison unless you reoffend.

Imprisonment — When custody cannot be avoided, we advocate for the shortest appropriate term with favourable parole conditions.

Why Choose Delta Legal?

Experienced Advocacy We know the courts, the prosecutors, and the processes. We've successfully defended clients across a wide range of charges and achieved outcomes that protect their futures.

Personalised Attention You'll work directly with your lawyer, not be passed between junior staff. We take the time to understand your situation and explain your options clearly.

Strategic Defence We don't just turn up to court—we analyse the evidence, research the law, and develop a defence strategy tailored to your case.

Accessible and Responsive Facing criminal charges is stressful. We respond promptly to your calls and emails, keep you informed of developments, and are available when you need us.

Upfront About Costs We provide clear information about legal costs from the outset. Legal Aid assistance may be available for eligible clients, and we can discuss payment arrangements.

Perth CBD Location Conveniently located near the Perth courts, we're accessible for meetings and can appear at short notice when urgent matters arise.

Legal Aid and Funding Options

If you cannot afford private legal representation, you may be eligible for Legal Aid WA assistance. We accept Legal Aid grants and can help you with your application. For clients who don't qualify for Legal Aid, we offer transparent fee structures and can discuss payment plans.

Frequently Asked Questions

Should I speak to police before getting legal advice? No. You have the right to remain silent and the right to speak with a lawyer. Anything you say to police can be used against you. Contact us first.

What happens if I miss a court date? A warrant may be issued for your arrest. If you've missed a court date, contact us immediately so we can arrange a new hearing and try to resolve the warrant.

Can I avoid a criminal record? In many cases, yes. We work to achieve outcomes that avoid or minimise the impact of a criminal record on your future.

Will I have to go to prison? Not necessarily. Many offences can be dealt with by fines, community orders, or suspended sentences. We work to keep you out of custody wherever possible.

How much will it cost? This depends on the complexity of your matter. We provide clear cost estimates after understanding your case and can discuss Legal Aid eligibility and payment options.

Contact Us Today

If you've been charged with a criminal offence, or if police want to speak with you, contact Delta Legal immediately. Early legal advice can significantly improve your outcome.

Call us on 08 6364 0410 for a confidential discussion.

Visit us at Level 2, 326 Hay Street, Perth WA 6000 — conveniently located near the Perth Magistrates Court.

Don't face the criminal justice system alone. Let Delta Legal fight for you.

Delta Legal — Criminal Defence Lawyers in Perth, Western Australia