AOBH offences that our assault & violence defence lawyers provide legal representation for
We can provide legal representation for AOBH matters and other assault related offences across Queensland. Here is a list of offences our senior legal team can represent you for:
- Common assault
- Serious assaults
- Grievous bodily harm (GBH)
- Wounding
- Unlawful striking causing death
- Domestic violence-related assault charges
- Threats
Assault Occasioning Bodily Harm (AOBH)
AOBH is a criminal offence that occurs when someone assaults another person and causes them a physical injury that is more than minor or temporary. The injury does not have to be permanent or severe, it must interfere with another persons health or comfort.
This can include things like:
- Bruising
- Swelling
- Cuts or lacerations
- Black eye
- Minor fractures
For example, if someone punches another person during an argument and it results in a swollen eye and bruising, that can be considered AOBH, even if the injuries heal quickly.
What are the maximum penalties for AOBH in QLD?
The maximum penalty for Assault Occasioning Bodily Harm is up to 7 years imprisonment. However, this can increase to 10 years if the offence involves a circumstance of aggravation, such as:
- Using or being armed with a weapon, or
- In the company of 1 or more persons, or
- Recording the assault to share on social media or online platforms.
Possible defence strategies for AOBH in QLD
The following are some of the possible legal defences that may be available for AOBH charges, depending on the circumstances of your case.
- Self-defence: You used reasonable force to protect yourself or someone else from harm. The response must match the level of threat.
- Accident: The injury was unintentional and not a foreseeable result of your actions. You’re not criminally responsible if a reasonable person wouldn’t have expected the harm.
- Provocation: You were provoked by a wrongful act or serious insult and responded immediately before cooling off. The force used must be proportionate and must not be intended or likely to cause death or grievous bodily harm.
What factors impact the severity of AOBH charges in QLD?
When the courts deliver a sentence for a AOBH charge, they take into account a range of factors that can influence the seriousness of the offence and the appropriate penalty. Here are a range of factors the court will take into account:
- Extent of the injury: More serious or lasting injuries can lead to harsher penalties.
- Use of a weapon: Using or being armed with an object during the assault increases the seriousness of the offence.
- Recording the assault: Filming or sharing the assault on social media is an aggravating factor.
- Previous criminal history: A history of violent offences can result in tougher sentencing.
- Domestic violence context: If the offence occurred in a domestic setting, it may be treated more seriously by the court.
- Pleading not guilty: If convicted after pleading not guilty, the court may impose a higher sentence due to lack of cooperation and the costs associated with running a trial.
Donnelly Law Group AOBH Case Study
In this case, our client “A” was charged with AOBH following a roadside incident in Sunnybank Hills. The matter was heard at Holland Park Magistrates Court in 2024. Despite the injury involved, our team secured a remarkable outcome, here’s how our lawyers achieved it:
The Incident:
After a traffic-related dispute, both parties pulled into a service station where a verbal altercation escalated. Our client pushed the other man in the chest, causing him to fall and sustain a fractured wrist.
The Facts:
- Both individuals exited their vehicles and exchanged words.
- The situation became tense, and our client pushed the other party using both hands.
- CCTV confirmed the physical contact.
- The victim fell and injured his wrist, later confirmed to be a fracture. The victim had to pay over $2000 in medicals costs due to the incident.
- Police were called by both parties, and our client later voluntarily attended the station but declined an interview.
The Outcome:
We entered an early guilty plea, highlighting our client’s cooperation, lack of prior convictions, and the situational nature of the incident. As a result:
- The client received a $750 fine
- Was ordered to pay $2,000 in restitution
- No conviction was recorded
This was an outstanding outcome for our client, avoiding a criminal record and serious long-term consequences, while resolving the matter efficiently through strong representation.
Why choose Donnelly Law Group to defend your AOBH charges in QLD?
Extensive experience defending AOBH charges across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group, we have a strong track record of defending clients facing assault-related charges, including AOBH charges. Our collaborative law firm ensures the best lawyer is tasked with your matter, ensuring the best possible outcome is achieved.
Local expertise
Our lawyers appear regularly across all local courts in Queensland, bringing local expertise with every matter. With offices in Brisbane and the Gold Coast our firm is well positioned to represent all clients across the state.
Personalised approach for every AOBH charge to help achieve the best outcome for our clients
At Donnelly Law Group we take a personalised approach with every client charged with a criminal offence. Our team is dedicated to keeping you informed about your matter at all stages of the legal process, ensuring you understand what’s happening and never feel left in the dark.
Book An Appointment.
Our legal strategy for AOBH offences across Brisbane & Gold Coast (QLD)
Initial consultation
During your initial consultation our lawyers will listen to your side of the story, review the charges against you and provide you with clear advice moving forward.
Developing a defence strategy
After the initial consultation, we will request the QP9 from police and start a detailed review of the available evidence. This will allow us to create a foundation for your defence strategy.
Court representation
Our lawyers will appear in court on your behalf. With preparation, practice and determination, we ensure your defence is presented professionally before the courts.
AOBH charges FAQs
What should I do if the police want to talk to me about a AOBH offence?
Anything you say can be used against you in court.
You should seek legal advice immediately. If that’s not possible, you have the right to remain silent. You must provide identification if asked, but do not answer any other questions or agree to a recorded interview without speaking to a lawyer first.
Do I need a lawyer for a AOBH charge?
Yes – seeking legal advice is recommended as a lawyer can review the charges against you and provide you with clear advice.
When should I contact a lawyer about my AOBH charges?
You should contact your lawyer ASAP, it will allow your lawyer time to review your charges and prepare the strongest possible case.
Will my AOBH offence lawyer represent me in court?
Yes – your expert criminal lawyer from Donnelly Law Group will represent you at each court appearance.
What legislation covers AOBH offences in Queensland?
The legislation that covers AOBH offences in Queensland is section 339 of the Criminal Code Act 1899
What are the penalties for AOBH offences in Queensland?
The maximum penalty for AOBH is up to 7 year imprisonment. This can increase up to 10 years if any aggravating factors are present.
How much does it cost to hire a AOBH offence lawyer from Donnelly Law Group?
At Donnelly Law Group, we believe legal representation should be accessible to everyone. We offer fixed fees with no hidden surprises, and you also have the option to pay for your matter in instalments.
Can Donnelly Law Group help me with AOBH offences outside of Brisbane & Gold Coast?
Yes – we regularly appear for clients charged with criminal offences located in regional Queensland.
