Assault and violence are serious charges that demand experienced criminal defence lawyers who know how to pull apart the prosecution’s case piece by piece. CCTV footage, body-worn camera recordings, medical reports, witness accounts, and forensic evidence all need to be tested, and weaknesses in that evidence need to be found before the matter reaches a courtroom.
At Donnelly Law Group, our assault lawyers have been defending clients charged with every type of assault and violence offence across Brisbane and Queensland for over 25 years. As a specialist criminal law firm, we understand what is on the line. A conviction for a serious assault offence can result in imprisonment, a permanent criminal record, and consequences that reach into your employment, your ability to travel, and your family life for years to come. That is why we bring forensic attention to every assault matter we handle, with the goal of achieving the best outcome available in the circumstances.
Call us on 1300 11 22 12 for a free consultation with one of our experienced criminal lawyers.
What Assault Charge Are You Facing in Brisbane?
Assault and violence offences in Queensland are governed primarily by the Criminal Code Act 1899 (Qld), covering a broad range of violence offences from threats of force through to grievous bodily harm and unlawful striking causing death. Queensland courts treat assault offences seriously, and the penalties reflect that.
For the prosecution to secure a conviction, it must prove every element of the assault offence beyond reasonable doubt. If it cannot, you are entitled to be found not guilty.
If you have been charged with an assault offence, or if police have contacted you about an investigation, you should seek legal advice before doing anything else. For summary offences such as common assault, the matter will usually be finalised in the Brisbane Magistrates Court. More serious charges, including assault occasioning bodily harm, grievous bodily harm, and serious assault, are indictable offences that proceed through committal before being heard in the Brisbane District Court or Supreme Court. The decisions you make at the earliest stage of that process can shape everything that follows.
Below is a breakdown of the main assault offence categories, the legislation behind each charge, and what the prosecution must prove.
Common Assault (Section 335, Criminal Code)
Common assault is the least serious assault offence under Queensland law, but it can still result in imprisonment and a recorded criminal conviction. Under section 335 of the Criminal Code Act 1899 (Qld), a person commits common assault if they unlawfully strike, touch, move, or apply force of any kind to another person without that person’s consent. The offence also covers threats to apply force, where the threat is accompanied by a bodily act or gesture and the other person reasonably believes the force will be carried out.
No physical injury is required and consent obtained by fraud is not valid consent. The application of force includes the use of substances such as heat, light, gas, or anything else that causes injury or personal discomfort.
The maximum penalty for common assault is 3 years imprisonment. This increases to 4 years where the offence is published on social media or is motivated by hatred or serious contempt based on a person’s race, religion, sexuality, sex characteristics, or gender identity.
Common assault is a misdemeanour and is dealt with summarily in the Magistrates Court.
Examples of common assault:
- Pushing someone during an argument, even where no injury results.
- Raising a fist and threatening to punch someone, causing them to fear being hit.
- Throwing a drink on someone during a confrontation.
- Spitting on another person.
Defence strategies for common assault charges:
- You used reasonable force in self-defence to protect yourself or another person.
- You were provoked by a wrongful act or insult and reacted before regaining self-control. In Queensland, provocation can operate as a complete defence to assault, not merely a mitigating factor.
- The contact was unintentional and not reasonably foreseeable.
- The other person agreed to the contact (for example, during sport).
- The prosecution’s evidence does not establish the offence beyond reasonable doubt.
Assault Occasioning Bodily Harm (Section 339, Criminal Code)
Assault occasioning bodily harm (AOBH) under section 339 is charged where an assault causes the complainant actual bodily harm. Under section 1 of the Criminal Code, “bodily harm” means any bodily injury that interferes with health or comfort. The sensation of pain alone is not sufficient. Bodily harm includes psychiatric injury, but does not include emotions such as fear or distress.
The prosecution must prove that the accused assaulted the complainant, that the assault caused bodily harm, and that the assault was unlawful.
The maximum penalty for AOBH is 7 years imprisonment. This increases to 9 years where the offence is published on social media, and to 10 years where the accused does bodily harm while armed with a dangerous or offensive weapon or while in company with one or more other persons.
Examples of injuries that may constitute bodily harm:
- Bruising, cuts, or abrasions.
- Broken bones or fractures.
- Internal injuries.
- Any injury that interferes with the complainant’s health or comfort and is more than transient or trifling.
Defence strategies for AOBH charges:
- Self-defence or defence of another person.
- The injury does not meet the legal threshold for “bodily harm.”
- The prosecution cannot prove beyond reasonable doubt that you were the person who committed the assault.
- Accident or lack of intent.
- Provocation.
- The prosecution’s evidence is insufficient to establish the offence beyond reasonable doubt.
Serious Assault (Section 340, Criminal Code)
Serious assault covers assaults committed in specific aggravated circumstances. The most commonly charged form of serious assault involves assaulting a police officer acting in the execution of their duty, but section 340 also applies to assaults on public officers, corrective services officers, persons performing duties under an Act, persons over the age of 60, and persons relying on a guide dog, wheelchair, or other remedial device.
The maximum penalty for serious assault is 7 years imprisonment. Where the offence is committed with circumstances of aggravation, the maximum increases to 14 years.
Defence strategies for serious assault charges:
- You used a reasonable amount of force in self-defence to protect yourself.
- The police officer or public officer was not acting in the execution of their duty at the time of the alleged assault.
- The prosecution cannot prove you were the person who committed the offence.
- You were obeying a person in authority, or attempting to avoid violence that someone else threatened.
- You acted in response to a sudden or extreme emergency where a reasonable person would have done the same.
- The prosecution’s evidence does not establish the offence beyond reasonable doubt.
Grievous Bodily Harm (Section 320, Criminal Code)
Grievous bodily harm (GBH) is one of the most serious assault offences in Queensland. Under section 320 of Criminal Code, grievous bodily harm means any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health. It includes the loss of a distinct part or organ of the body, serious disfigurement, and any injury that could permanently damage a person’s health whether or not treatment is or could have been available.
The maximum penalty for unlawfully doing grievous bodily harm is 14 years imprisonment. A separate offence exists under section 317 for acts intended to cause grievous bodily harm, which also carries a maximum penalty of 14 years.
GBH is an indictable offence that must be heard in the District Court.
Defence strategies for GBH charges:
- The injury does not meet the legal definition of grievous bodily harm.
- Self-defence or defence of another person.
- Provocation.
- The prosecution cannot prove you were the person responsible.
- Accident.
- The prosecution’s evidence is insufficient to prove the offence beyond reasonable doubt.
Unlawful Wounding (Section 323, Criminal Code)
Unlawful wounding is listed under section 323 of the Criminal Code and involves causing an injury that breaks the whole or true skin. “True skin” means the dermis layer, the layer beneath the outer epidermis. A superficial scratch that does not break through this layer will not satisfy the legal definition of wounding.
The maximum penalty for unlawful wounding is 7 years imprisonment.
Defence strategies for unlawful wounding charges:
- The injury did not actually break the whole or true skin.
- Self-defence.
- Accident.
- Insufficient evidence to prove the offence beyond reasonable doubt.
Strangulation, Choking and Suffocation (Section 315A, Criminal Code)
Section 315A of the Criminal Code was introduced in 2016 and creates a standalone offence for unlawfully choking, suffocating, or strangling another person. This includes any application of pressure to the neck that restricts breathing or blood circulation, whether completely or partially.
This offence is frequently charged in domestic violence contexts and carries a maximum penalty of 7 years imprisonment.
An important distinction applies here: provocation is not available as a defence to a charge of choking, suffocation, or strangulation, because this offence does not contain an element of assault.
When Assault Charges Involve Domestic Violence
Many assault charges in Brisbane arise in a domestic context. Where the complainant and the accused are in a “relevant relationship” as defined under the Domestic and Family Violence Protection Act 2012 (Qld), the assault charge will be treated as a domestic violence offence. This can result in additional consequences, including the making of a domestic violence order (DVO) against the accused.
Domestic violence orders impose conditions such as no contact with the complainant, restrictions on attending certain locations, and prohibitions on being around children. A breach of a domestic violence order is a separate criminal offence carrying a maximum penalty of 5 years imprisonment for repeated breaches.
It is important to understand that the assault charge and the domestic violence order are dealt with as separate proceedings. You can contest the making of a DVO even if you are also defending the assault charge. Our experienced team handles both matters together, ensuring your defence strategy across both proceedings is consistent and coordinated.
Unlawful Striking Causing Death (Section 314A, Criminal Code)
Section 314A of the Criminal Code creates an offence commonly known as the “one-punch” law. Where a person unlawfully strikes another person to the head or neck and that person dies as a result, the offender is liable to a maximum penalty of life imprisonment.
This offence was introduced following several high-profile deaths caused by single punches in public settings. Critically, the prosecution does not need to prove that the accused intended to kill or intended to cause grievous bodily harm. The unlawful strike to the head or neck that results in death is sufficient.
This is an extremely serious charge heard in the Supreme Court. If you are facing this charge, obtaining experienced legal representation immediately is essential.
Other Assault and Violence Offences Under Queensland Law
Several other assault and violence offences are regularly charged in Brisbane courts. Each carries its own elements, penalties, and defence considerations.
Affray (Section 72, Criminal Code)
Affray involves fighting in a public place in a way that causes alarm to people who witness it. The prosecution must prove the fight occurred in public and that it was of such a nature as to alarm members of the public.
Threats and Intimidation (Section 359, Criminal Code)
A charge of threats can arise where a person threatens to cause a detriment to another person with the intention to prevent or hinder them from doing something they are entitled to do, to compel them to do something they are not obliged to do, or to cause public alarm or anxiety.
Witness Intimidation
This offence arises where a person threatens to injure or harm a witness in retaliation for their involvement in court proceedings.
Manslaughter (Section 303, Criminal Code)
Manslaughter is charged where a person causes the death of another without the intent required for murder. The maximum penalty is life imprisonment.
Attempted Murder (Section 306, Criminal Code)
Attempted murder is charged where a person tries to intentionally kill another person.
Accessory to Murder
A person can be charged as an accessory where they assist someone who has committed murder, whether by helping them hide, escape, or conceal evidence.
Industrial Manslaughter
Industrial manslaughter can be charged where an employer’s negligent actions cause a worker’s death in the workplace.
The penalties for assault and violence offences in Queensland are severe. The specific sentence depends on the nature of the charge, the circumstances surrounding the offence, and the personal circumstances of the offender. The court’s aim is to impose a fair outcome that balances the seriousness of the offending with the individual circumstances of the case. Outcomes can vary significantly depending on the quality of the legal representation involved, and experienced defence lawyers can often achieve reduced penalties or even acquittals.
Maximum penalties for assault offences in Queensland:
- Common assault: 3 years imprisonment (4 years if aggravated).
- Assault occasioning bodily harm: 7 years imprisonment (10 years if aggravated).
- Serious assault: 7 years imprisonment (14 years if aggravated).
- Unlawful wounding: 7 years imprisonment.
- Strangulation, choking, or suffocation: 7 years imprisonment.
- Grievous bodily harm: 14 years imprisonment.
- Unlawful striking causing death: life imprisonment.
Not all defendants who are found guilty receive the maximum penalty. Queensland courts consider a range of factors when determining the appropriate sentence for assault offences. These include:
- The severity of the injuries sustained by the complainant.
- Whether a weapon was used during the offence.
- Whether the offence was committed in company with other people.
- The relationship between the offender and the complainant.
- Whether there was a breach of trust.
- The offender’s criminal history, including any prior convictions for violence.
- Whether the offender entered an early guilty plea.
- Evidence of remorse and steps taken towards rehabilitation.
- The impact on the complainant, including any victim impact statement.
- Whether the offence was committed while the offender was affected by alcohol or drugs in a public place.
Can I avoid a recorded conviction for an assault charge?
Under section 12 of the Penalties and Sentences Act 1992 (Qld), the sentencing court has the discretion not to record a conviction even where an offender is found guilty. The court considers the nature of the offence, the age and character of the offender, and the impact that a recorded conviction would have on the offender’s future, including employment and travel. For less serious offences such as common assault, particularly where the offender has no prior criminal history, there is a realistic prospect of avoiding a recorded conviction with effective representation.
Non-custodial penalties the court may impose:
Penalties for assault offences can include:
- Fines
- Good behaviour bonds
- Community service orders
- Probation
- Intensive correction orders
- Wholly suspended sentences of imprisonment.
Your lawyer’s role at sentencing is to present the full picture of mitigating factors so that the court imposes the most appropriate penalty in the circumstances.
Understanding how police investigate and build their case against you is central to identifying where weaknesses exist. Queensland Police Service uses a range of investigative methods in assault matters, and recognising how each type of evidence was obtained allows your lawyer to challenge it effectively.
Recorded police interviews
If police ask you to attend a station for an interview about an assault allegation, that interview will be audio and video recorded. You have the right to remain silent. You are not required to answer any questions beyond providing your name, date of birth, and address. Do not participate in any police interview without first speaking to a criminal defence lawyer. Anything you say in that interview can and will be used as evidence against you. Your lawyer can provide legal advice on your options and help protect your rights from the outset.
Body-worn camera footage
Queensland police officers routinely activate body-worn cameras when they attend the scene of an alleged assault. This footage often captures the immediate aftermath, including the condition of the complainant, the demeanour of the accused, and any statements made at the scene. Body-worn camera footage forms part of the prosecution brief and can be reviewed and challenged by your defence lawyer.
CCTV evidence
CCTV is commonly relied upon in assault matters, particularly where the alleged offence occurred in a public place, a licensed venue, a car park, or a residential complex with security cameras. CCTV footage can support or undermine the complainant’s version of events. However, CCTV footage is frequently overwritten on short cycles, sometimes within days. If there is CCTV footage that may assist your case, it is important to notify your lawyer as early as possible so that it can be preserved before it is lost.
Medical and forensic evidence
Injury documentation, hospital records, photographs of injuries, and toxicology reports may all form part of the prosecution’s evidence in assault matters. Our legal team has the experience to interpret and challenge medical evidence where it does not support the charge, where the injury does not meet the legal threshold for the offence charged, or where alternative explanations for the injury exist.
Witness statements
Witness statements are central to most assault prosecutions. However, witness evidence can be unreliable. Witnesses may have limited or obstructed views, may be affected by alcohol, may have a personal motivation to exaggerate, or may provide accounts that are inconsistent with other evidence. Your lawyer will examine each witness statement for inconsistencies and credibility issues.
Digital evidence
Text messages, social media posts, call records, and phone location data are routinely extracted and relied upon in assault prosecutions. This evidence can establish the context surrounding an alleged assault, confirm or contradict timelines, and demonstrate the relationship between the parties. In some cases, digital evidence can be used in your favour to challenge the complainant’s account.
Gathering evidence for the defence
The earlier you engage a lawyer, the more evidence can be preserved in your favour. Text messages, social media communications, CCTV footage, photographs, receipts, and alibi evidence should all be identified and secured as quickly as possible. If there are potential witnesses who can support your version of events, provide their details to your lawyer. Do not approach them yourself and do not contact the complainant.
The prosecution carries the burden of proving every element of the assault offence beyond reasonable doubt. If it cannot discharge that burden, you are entitled to be acquitted. An experienced criminal defence lawyer will examine the prosecution’s evidence and identify which defences apply to your circumstances.
Self-defence
Self-defence is one of the most commonly raised defences in assault matters. Under section 271 of the Criminal Code, a person who is the target of an unprovoked assault is permitted to use force that is reasonably necessary to defend themselves, provided that the force used is not intended or likely to cause death or grievous bodily harm.
Under section 272, self-defence can also apply where the person was the target of a provoked assault, provided they had a reasonable belief that they were at risk of death or grievous bodily harm and the force they used was proportionate to that threat.
Once self-defence is raised, the prosecution must prove beyond reasonable doubt that the accused was not acting in self-defence.
Provocation
Queensland is unique among Australian jurisdictions in treating provocation as a complete defence to assault charges, not merely a mitigating factor in sentencing. Under sections 268 and 269 of the Criminal Code, a person is not criminally responsible for an assault committed in response to a wrongful act or insult, provided the provocation was of such a nature that an ordinary person would have lost self-control, and the response was proportionate to the provocation.
The force used in response to the provocation must not be intended or likely to cause death or grievous bodily harm. If provocation is successfully raised, the result is an acquittal.
Accident
Under section 23 of the Criminal Code, a person is not criminally responsible for an event that occurs by accident. This applies where the act was lawful, was done in a lawful way, and was carried out with proper care and caution. Separately, section 23(1)(a) provides that a person is not criminally responsible for an act or omission that occurs independently of the exercise of their will.
Duress and compulsion
The defence of duress applies where a person committed the act only because they were under threats of immediate death or grievous bodily harm from a person who was present and in a position to carry out those threats. The accused must not have had a reasonable opportunity to avoid carrying out the act.
Extraordinary emergency
Under section 25 of the Criminal Code, a person is not criminally responsible for an act done in response to a sudden or extraordinary emergency, where a reasonable person in the same circumstances would have acted in the same way.
Mental impairment
A person is not criminally responsible for an act done while affected by a mental disease or natural mental infirmity to the extent that they were unable to understand what they were doing, or unable to control their actions. Voluntary intoxication does not qualify as mental impairment for the purposes of this defence.
Challenging the prosecution’s evidence
Even where no specific statutory defence applies, the prosecution must still prove its case beyond reasonable doubt. Your lawyer can challenge the prosecution’s evidence by exposing inconsistencies in the complainant’s account, demonstrating that the complainant’s version of events is contradicted by medical evidence, CCTV footage, or other material, identifying flaws in identification evidence, and arguing that the evidence as a whole is insufficient to prove the charge.
Our defence strategy in every assault case begins with a thorough review of the prosecution’s entire brief of evidence.
If you have been charged with an assault offence, understanding the steps ahead gives you a clearer picture of how the court process works and where your lawyer can influence the outcome.
Police contact and interview
You may be contacted by police and asked to attend a station for a recorded interview, or police may attend your home or workplace. You have the right to remain silent. You do not have to answer questions, make a statement, or participate in a police interview. Contact a criminal defence lawyer before you do anything else.
Charging and bail
If you are charged with an assault offence, you may be released on bail with conditions. Bail conditions for assault charges commonly include no contact with the complainant (directly or through third parties), reporting to a police station, curfews, and in serious matters, surrender of passport.
If you are refused bail by police, your lawyer can make a bail application at Brisbane Magistrates Court. For the most serious charges, bail may need to be sought in the Supreme Court.
Court process: summary and indictable offences
The court that hears your matter depends on the seriousness of the charge. Common assault is a summary offence dealt with in the Magistrates Court. More serious offences, including assault occasioning bodily harm, serious assault, grievous bodily harm, and unlawful wounding, are indictable offences that must be committed to the District Court. The most serious charges, such as unlawful striking causing death and murder, are heard in the Supreme Court.
Committal proceedings
For indictable offences, committal proceedings are held at the Magistrates Court. The magistrate reviews the prosecution’s evidence and determines whether there is sufficient evidence to commit the matter to a higher court for trial. Your lawyer can make submissions at this stage to challenge whether the evidence supports the charge.
Disclosure and pre-trial preparation
After committal, the prosecution provides its evidence to the defence. This includes witness statements, CCTV footage, body-worn camera recordings, forensic and medical reports, phone extraction data, and any other material the prosecution intends to rely on. Your legal team reviews this material, identifies weaknesses, and builds your defence strategy.
Trial
Indictable assault matters are heard before a judge and jury. Summary matters are heard by a magistrate alone. The prosecution presents its case first. Your lawyer cross-examines the prosecution’s witnesses, challenges the evidence, and presents your defence. The prosecution must satisfy the jury (or magistrate) of your guilt beyond reasonable doubt.
Sentencing
If you are convicted or choose to plead guilty, sentencing follows. Your lawyer presents mitigating factors, character references, evidence of rehabilitation, and submissions on the appropriate penalty. The court considers the full range of circumstances before imposing sentence, including whether to record a conviction under section 12 of the Penalties and Sentences Act 1992 (Qld).
A conviction for an assault offence carries serious consequences that extend well beyond the courtroom.
Criminal record
If a conviction is recorded, it will appear on your criminal history and on national police check results. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court has discretion not to record a conviction even where you are found guilty. Your lawyer can make submissions about why a recorded conviction is not appropriate in your circumstances, particularly where it would cause disproportionate impact on your employment or personal life.
Employment
Employers in education, healthcare, aged care, finance, government, security, and many other industries routinely require national police checks. A recorded conviction for an assault offence will appear on that check. If you hold a professional licence or registration, you may be required to disclose the charge or conviction to your regulator. Some professional bodies may suspend or cancel your registration.
Blue card and working with children
A conviction for certain assault offences can disqualify you from obtaining or holding a Blue Card in Queensland. The Working with Children (Risk Management and Screening) Act 2000 (Qld) applies to anyone in child-related employment or volunteer roles, and a disqualifying offence on your record will prevent you from working in sectors such as education, childcare, coaching, and foster care.
Travel
Many countries impose entry restrictions on individuals with recorded convictions for violence offences. The United States will deny visa waiver (ESTA) access, and countries including Canada and the United Kingdom may refuse entry or require a special visa application. If your passport has been surrendered as a condition of bail or parole, international travel will not be possible until those conditions are varied or discharged.
Immigration
If you are not an Australian citizen, a conviction for an assault offence puts your visa at risk. Under section 501 of the Migration Act 1958 (Cth), a prison sentence of 12 months or more is classified as a “substantial criminal record,” which can trigger mandatory visa cancellation and removal from Australia.
Family law
If there are existing or future Family Court proceedings involving children, a conviction for a violence offence will be a relevant factor in any determination about parenting orders. Courts are required to prioritise the safety and welfare of children, and a record of violent offending can significantly affect the outcome of custody and contact arrangements.
The long-term impact of an assault conviction reinforces the importance of obtaining experienced legal representation as early as possible. Whether the right course of action is to defend the charge, negotiate with the prosecution for reduced charges or a withdrawal, or present the strongest possible case in mitigation at sentencing, your lawyer’s role is to ensure that every available option is pursued on your behalf.
Why Choose Donnelly Law Group as Your Brisbane Assault Lawyer?
Our assault lawyers have defended hundreds of assault and violence matters across Brisbane, the Gold Coast, and regional Queensland. That depth of experience shapes how we approach every case.
Evidence-Focused Defence Preparation
We combine a thorough understanding of the evidence with a defence strategy built around your specific circumstances. Assault cases regularly involve complex evidence: CCTV footage, body-worn camera recordings, medical reports, phone extraction data, and multiple witness accounts. Our criminal defence lawyers Brisbane clients rely on have the knowledge and the tools to interpret that evidence, challenge it where it is weak, and use it to build the strongest defence available. We provide effective representation across the full range of criminal cases, from common assault through to the most serious violence charges.
Ongoing Support and Clear Communication
Our entire legal team provides legal support from the first phone call through to the conclusion of your matter, providing unwavering support through the entire process. We keep you informed at every stage of court proceedings with clear, direct communication. We explain where you stand, what the potential outcomes are, and what options are open to you. We also provide practical advice on steps you can take outside the courtroom to strengthen your position.
Proven Results
Our experienced team has a proven track record of successful outcomes in assault matters across Brisbane Magistrates Court, Brisbane District Court, and Brisbane Supreme Court. We have represented clients facing criminal charges ranging from common assault to grievous bodily harm and unlawful striking causing death, consistently achieving results that reflect our commitment to professional representation at the highest level. Our lawyers appear in these courts daily, and that familiarity with local judges, prosecutors, and court procedures is a genuine advantage.
Honest Legal Advice
We provide a free initial consultation, available 24 hours a day, seven days a week. We give honest, direct legal advice from the first conversation. If you are facing criminal charges for an assault offence, speak to our Brisbane-based team of experienced criminal defence lawyers before making any other decision about your matter. Our legal professionals are here to act in your best interests and to achieve justice in every case.
Speak with a Brisbane Assault Lawyer
FAQs About Assault Charges in Brisbane.
What is the maximum penalty for common assault in Queensland?
Common assault carries a maximum penalty of 3 years imprisonment. This increases to 4 years where the offence is aggravated by social media publication or by motivation based on hatred or serious contempt for a person’s race, religion, sexuality, sex characteristics, or gender identity.
What is the difference between common assault and assault occasioning bodily harm?
The key difference is the level of injury. Common assault does not require any physical injury at all. Assault occasioning bodily harm requires the prosecution to prove that the assault caused “bodily harm,” which is defined under the Criminal Code as a bodily injury that interferes with health or comfort. Examples include bruising, cuts, and fractures. AOBH carries a maximum penalty of 7 years imprisonment, compared to 3 years for common assault.
Will I go to prison for an assault charge in Queensland?
It depends on the type of charge, the seriousness of the alleged conduct, your criminal history, and the mitigating factors your lawyer presents to the court. For common assault, first-time offenders often receive non-custodial penalties such as fines, good behaviour bonds, or community service. For more serious offences such as AOBH, serious assault, or GBH, prison is more likely, particularly where weapons were involved, injuries were severe, or the offender has prior convictions for violence.
Can I avoid a criminal conviction for an assault charge?
In some cases, yes. Under section 12 of the Penalties and Sentences Act 1992 (Qld), the court has discretion not to record a conviction even where you are found guilty. The court considers the nature of the offence, your age and character, and the impact a recorded conviction would have on your employment, travel, and personal life. Your lawyer can make detailed submissions on your behalf to support a finding of guilt without a recorded conviction.
What should I do if the police want to speak to me about an assault?
You have the right to remain silent. You only need to provide your name, date of birth, and contact details. If police arrest you or serve you with a notice to appear, you may also be required to provide identifying particulars such as fingerprints. Do not answer any further questions, make any statements, or participate in a police interview without first speaking to a criminal defence lawyer. Contact Donnelly Law Group immediately.
How long does an assault matter take from charge to trial?
It varies depending on the type of offence and the complexity of the evidence. Summary matters such as common assault are usually resolved within weeks to months. Indictable matters, including AOBH, serious assault, and GBH, typically take between 6 and 18 months from the date of charge to trial, depending on the volume of evidence, the number of charges, and court scheduling.
Can I use self-defence as a defence to an assault charge?
Yes. Under sections 271 and 272 of the Criminal Code, self-defence is available where you used force that was reasonably necessary to protect yourself or another person. The force must not be intended or likely to cause death or grievous bodily harm. Once self-defence is raised, the prosecution must disprove it beyond reasonable doubt.
Is provocation a defence to assault in Queensland?
Yes, and Queensland is unique in Australia in treating provocation as a complete defence to assault. Under sections 268 and 269 of the Criminal Code, if you were provoked by a wrongful act or insult of such a nature that an ordinary person would have lost self-control, and your response was proportionate, you are entitled to be acquitted.
Will an assault conviction affect my job?
It can. A recorded conviction will appear on national police check results. Employers in education, healthcare, government, security, aged care, and many other industries require these checks. If you hold a professional registration, you may need to disclose the charge or conviction to your regulator. Even pending charges can lead to suspension in some regulated roles. An experienced lawyer can help you manage both the legal and the practical consequences of an assault charge.
What if I have been falsely accused of assault?
False allegations of assault do occur. They can arise from misunderstandings, personal disputes, custody conflicts, or situations where the complainant has a motivation to exaggerate or fabricate. If you believe you have been falsely accused, it is critical to engage a criminal defence lawyer immediately. Do not attempt to contact the complainant to resolve the matter yourself. Your lawyer will examine the evidence, identify inconsistencies in the complainant’s account, and build a defence strategy aimed at achieving a favourable outcome, whether that means having the charges withdrawn before trial or securing an acquittal.
