Common assault 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
Common Assault
In Queensland, a person may be charged with common assault if they do any of the following without the other person’s consent:
- Strike, touch or apply force (directly or indirectly) to another person, or
- Attempt or threaten to apply force through a bodily act or gesture, where they have the actual or apparent ability to carry it out.
Key points
- Consent obtained by fraud is not valid consent.
- No physical injury is required for common assault.
- “Applying force” includes using substances such as heat, light, gas or any other thing if it causes injury or personal discomfort.
- Words or actions that cause someone to fear immediate force can be enough for an assault charge.
Examples of common assault
- Pushing someone during an argument, even if they are not injured.
- Raising a fist and threatening to punch someone, causing them to fear being hit.
- Throwing a drink on someone during a confrontation.
What are the maximum penalties for common assault in QLD?
The maximum penalty for common assault in Queensland is up to 3 years imprisonment. This increases to 4 years if the assault is shared on social media or is motivated by hatred or serious contempt based on a person’s race, religion, sexuality, sex characteristics, or gender identity.
Possible defence strategies for common assault in QLD
- Self-defence: Reasonable force used to protect yourself.
- Defence of another: Protecting someone else from harm.
- Consent: The other person agreed to the contact (e.g. during sport).
- Accident: The act was unintentional and not foreseeable.
- Provocation: You were provoked and reacted immediately before cooling off (limited use).
- Duress: You were forced to act under threat or coercion.
- Mental impairment: You lacked capacity to understand or control your actions.
If you have been charged with a common assault, call us on 07 3999 8661 for a free review of your case.
Donnelly Law Group - Common Assault Case Study
Our client, “M”, was charged in relation to an alleged altercation with an Uber driver at a McDonald’s drive-thru in the early hours of the morning.
Facts of the Case
M and her partner were Uber passengers who requested to go through the McDonald’s drive-thru. When the Uber driver asked M not to eat inside the vehicle, a disagreement escalated. The driver claimed M became irate, leaned over the front seat, and elbowed him in the neck while demanding a refund or further transport. Fearing for his safety, the driver called 000.
M then exited the vehicle and allegedly opened the driver’s door, reached inside, and tried to take the phone, continuing the confrontation. The driver attempted to drive away, causing M to lose balance and fall onto the road. Police arrived shortly after and collected CCTV footage and witness statements from McDonald’s employees.
Outcome
Our legal team successfully negotiated amendments to the QP9, removing some of the alleged facts made by the complainant. We were able to present a compelling case in court, resulting in:
- $500 fine
- No conviction recorded
We successfully achieved the lowest available penalty for our client while ensuring no criminal conviction was recorded.
Why choose Donnelly Law Group to defend your Common assault charges in QLD?
Extensive experience defending Common assault charges across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group our experienced criminal lawyers handle assault related matters throughout Gold Coast, Brisbane and regional Queensland. Our team of skilled lawyers are committed to providing you with effective representation throughout the entire legal process.
Local expertise
With offices in Brisbane and the Gold Coast, we regularly appear at local magistrates courts, district courts and supreme courts.
Personalised approach for every Common assault charge to help achieve the best outcome for our clients
At Donnelly Law Group we take a personalised approach to every matter we handle. We want to understand your side of the story and get to know you on a personal level.
Book An Appointment.
Our legal strategy for Common assault offences across Brisbane & Gold Coast (QLD)
Initial consultation
From the very first consultation, we listen carefully, assess the facts, and guide you through each step of the legal process with clear, honest advice.
Case assessment
Our criminal lawyers will thoroughly review all evidence, including police reports, witness statements and other information. We use this information to determine the strength and weaknesses in the prosecution’s case.
Developing a defence strategy
After reviewing the available evidence, we will take your instructions and craft a defence strategy tailored to your unique circumstances.
Court representation
Our lawyers will appear in court on your behalf, advocating strongly for your interests at every stage. We fight to achieve the best outcome possible ensuring no stone is unturned.
Common assault charges FAQs
What should I do if the police want to talk to me about a Common assault offence?
Avoid answering any questions related to the offence until you have talked to a lawyer. You will need to provide your name and licence if required.
Do I need a lawyer for a Common assault charge?
Yes – a lawyer can explain your rights, assess the evidence, and help secure the best outcome.
When should I contact a lawyer about my Common assault charges?
As soon as possible.
Will my Common assault offence lawyer represent me in court?
Yes – our lawyers will represent you in court and aim for the best possible outcome.
What legislation covers Common assault offences in Queensland?
Section 335 of the Queensland Criminal Code.
What are the penalties for Common assault offences in Queensland?
The maximum penalty for common assault in Queensland is up to 3 years imprisonment. This can increase to 4 years if any aggravating factors are present.
How much does it cost to hire a Common assault offence lawyer from Donnelly Law Group?
At Donnelly Law Group, we understand that legal costs can be a burden. That’s why we offer transparent fixed-fee services with the flexibility to pay in instalments with no hidden fees.
Can Donnelly Law Group help me with Common assault offences outside of Brisbane & Gold Coast?
Yes – we regularly appear for many clients located in regional Queensland.
