Your guide to navigating Assault Charges in Queensland

Assault is a broad category of criminal offences that involve the use or threatened use of force against another person. The definition of assault covers not just physical altercations, but also threats to apply physical force. Assault is an offence under the Criminal Code in Queensland and includes offences such as Common Assault, Assault Occasioning Bodily Harm and Grievous Bodily Harm. Each of the offences has a different set of elements that the Prosecution are required to prove, depending on the facts of the case and alleged injury. Each of the offences vary in seriousness and in the type of penalty that you may receive, as well as which court the matter will be dealt in. 

Common Assault

Common assault is the least serious of all offences of violence. It doesn’t require any bodily injury to be inflicted, only that the force applied results in some pain or discomfort. Physical contact is not necessary for a charge of common assault, and even a threat of physical force can constitute this offence. These offences are ordinarily dealt with in the Magistrates Court and are heard without a Jury by a Magistrate. Common assault is still a criminal offence that can have severe consequences, including a conviction being recorded at sentence which can impact on your future employment opportunities. 

Assault Occasioning Bodily Harm

Assault occasioning bodily harm occurs when an offender commits an assault that results in actual injury to the victim. Common examples of injuries include bruises, cuts, or broken bones. This offence can be aggravated if the offender is armed with a weapon or commits the offence in the company of others. Assault occasioning bodily harm is a more serious offence than a common assault charge and can result in severe penalties including actual imprisonment and a conviction being recorded at sentence. These offences can be dealt with either in the Magistrates Court or in the District Court. If they are dealt with in the District Court, then any trial will usually involve a jury. 

Grievous Bodily Harm

Grievous bodily harm occurs when an offender inflicts an injury on a victim that is serious and permanent. A permanent injury if left untreated is a key difference between a common assault offence and a grievous bodily harm offence. Examples of grievous bodily harm include severe burns, loss of limbs, or permanent disfigurement. There are several defences to charges of grievous bodily harm, including self-defence and provocation. Grievous bodily harm is a very serious criminal offence that can result in severe penalties including actual imprisonment. In fact, it is more common than not that a sentence of imprisonment is handed down to reflect the seriousness of the offending and the impact of the injury for these type of assault offences. 

Wounding

Wounding occurs when an offender causes the breaking or penetration of the skin of the victim. Common examples of wounding include stab wounds or “glassing” incidents. Wounding is a serious criminal offence that can result in severe penalties including actual imprisonment. 

Torture and Other Offences

Torture is an offence under s320A of the Criminal Code, and involves causing severe physical or mental harm to another person. Other offences related to assault include assault or obstruct a police officer, which is a separate offence under s790 of the Police Powers and Responsibilities Act.

Appearing In Court

Building a Strong Defence

To build a strong defence, you’ll need an experienced criminal lawyer who understands the complexities of assault law. We’ll ensure meticulous attention to detail throughout the case, with a team of lawyers working together to support our clients. We can assist you with the preparation of your contested matter including building a case of reasonable doubt, that it involved the other person's consent, self defence or provocation. To assist you with a quick resolution, we are able to meet with you quickly, consider your matter and the circumstances and prepare the relevant mitigation circumstances for any sentencing hearing, if you are pleading guilty to the offence. We can also assist you to quickly progress your matter if you are refused bail for assault and violence charges, no matter than circumstances of the offending. 

Benefits of Hiring an Assault Lawyer

Hiring an assault lawyer can help you navigate the complex court process and ensure the best possible outcome. Our team of experienced criminal lawyers can help you prepare and advocate on your behalf, including negotiating the facts or downgrading the charge. We have experience with professional representation for clients in Courts across Queensland including at Brisbane, Southport, Toowoomba, Beenleigh, Ipswich, Maroochydore, Emerald, Roma and Rockhampton.

After an initial consultation with you, our lawyers will take steps to progress your matter to obtain the evidence that the Prosecution are alleging supports the charge. Our criminal lawyers will start by assessing the case as presented by the Prosecution and identifying any weaknesses in the prosecution case. We will work with you to consider evidence, and navigate the proceedings.

Choosing the Right Assault Lawyer

When choosing an assault lawyer, it’s essential to select a law firm with experience in criminal law and a proven track record of success. Our team of lawyers are skilled and passionate advocates with experience appearing for all offences outlined above. We appear in all Courts across South East Queensland and can assist with all criminal law matters.