Assault of elderly offences that our assault & violence defence lawyers provide legal representation for
- Serious assault
- Common assault
- Assault occasioning bodily harm
- Wounding
- Grievous bodily harm (GBH)
- Unlawful striking causing death
- Domestic violence related assaults
Serious Assault
In Queensland, serious assault is a type of criminal charge that applies to certain categories of victims or circumstances where the law considers the assault more severe. One of those categories includes assaulting a person aged 60 years or older.
This means that if the physical contact is minor such as pushing, grabbing or attempting to strike, this will be classed as a serious assault if the victim is 60 years of age or older. The law recognises that older people in the community are most vulnerable, and therefore provides them with additional legal protection.
Here are a few examples of what can constitute an assault:
- Spitting on another person
- Slapping
- Biting
- Kicking
- Shoving
- Throwing an object at another person
- Attempting to strike
- Holding a weapon
- Verbal threats
If you have been charged with a serious assault, call us on 1300 11 22 12 for a free confidential consultation.
Possible defence strategies for serious assault in QLD
- Self-defence: You acted to protect yourself because you thought you were about to be hurt. The force you used was reasonable in the situation.
- Defence of another person: You were trying to protect someone else from being attacked or harmed.
- Accident: What occured was not on purpose, it must be an unforseeable event that a reasonable person could not have predicted.
- Mistaken identity: You were wrongly identified, and someone else was responsible for the offence that occured.
What are the maximum penalties for serious assault in QLD?
The maximum penalty for assaulting a person aged 60 or over is up to 7 years imprisonment.
Whether imprisonment is imposed depends on your criminal history, if it’s a repeat offence, and the circumstances. First-time offenders may avoid jail, but repeat or serious offenders face a higher risk of harsher penalties.
Seeking legal representation early is key in fighting for the best possible outcomes, call us on 1300 11 22 12 for a free confidential consultation.
What factors impact the severity of assault of elderly charges in QLD?
- Repeat offending: Prior assault convictions can lead to harsher sentencing.
- Lack of remorse: Failing to show insight or regret may be viewed negatively by the court.
- Late guilty plea: Entering a plea late in proceedings can reduce the benefit typically given for early cooperation.
- Seriousness of the assault: Greater harm, use of weapons, or sustained attacks can result in harsher sentencing.
- Victim’s age and vulnerability: If the victim is over 60, the offence is treated more seriously due to increased vulnerability.
Donnelly Law Group- Assault of Elderly Case Study
- Court: Holland Park Magistrates Court
- Charge: Serious Assault (Victim over 60)
- Defendant: “D”, 19 years old
Background
Between late 2022 and early 2023, the defendant had been engaging in ongoing harassment of an elderly neighbour within a shared residential complex. The behaviour included verbal abuse, tampering with the victim’s utilities, and nuisance.
On the morning of the offence, the elderly victim confronted the defendant and asked him to stop. In response, the defendant spat toward the victim and then headbutted him, causing pain and visible facial injury.
The incident was reported to police the same day. Following inquiries, police identified the defendant and later arrested him for serious assault, given the age of the victim and the physical nature of the attack.
The defendant declined to participate in an interview and was released on bail to appear in court.
Outcome
The matter was resolved in court with:
- $1500 fine
- No conviction recorded
Our legal team emphasised the client’s young age, lack of criminal history, and overall prospects for rehabilitation. This was an outstanding outcome given the seriousness of the charge and reflects the strength of our submissions in court.
Why choose Donnelly Law Group to defend your assault of elderly charges in QLD?
Extensive experience defending assault of elderly charges across Brisbane, Gold Coast & Regional Queensland
Donnelly Law Group has successfully clients in all assault related offences across Brisbane and the Gold Coast since 1996. From first-time offenders to repeat offenders, our experienced legal team are equipped and ready to handle every case before us.
Local expertise
With offices on the Gold Coast and Brisbane, we have a deep understanding of the local court processes and procedures in relation to assault offences. We have established relationships with court staff, police prosecutors and magistrates, providing you with every legal resource at our disposal.
Personalised approach for every assault of elderly charge to help achieve the best outcome for our clients
At Donnelly Law Group we offer personalised support to all of our clients. We ensure you’re kept up to date with your matter, providing you with legal clarity and support through every step of the legal process.
Book An Appointment.
Our legal strategy for assault of elderly offences across Brisbane & Gold Coast (QLD)
Initial consultation
During the initial consultation our lawyers will explain the charge against you and provide you with legal options moving forward.
Case assessment
Our lawyers will request traffic history, criminal history and QP9’s from police. We will review your case and determine a strategy in obtaining the best possible outcome in court.
Developing a defence strategy
Our lawyers will craft an expert defence strategy for your matter. We will utilise character references, traffic history, rehabilitation programs and mitigating factors in preparation for court. Where possible, our lawyers will negotiate with the prosecution to reduce penalties or have the charges dismissed.
Court representation
We aim to provide you with the best legal representation possible, with the aim of achieving the best outcome in court.
Assault of elderly charges FAQs
What should I do if the police want to talk to me about an assault of the elderly 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 an assault of an elderly charge?
Yes – seeking legal representation will allow you to understand the charges against you and your lawyer will provide you with practical legal advice on the next steps.
When should I contact a lawyer about my assault of elderly charges?
As soon as possible.
Will my assault of elderly offence lawyer represent me in court?
Yes – we will prepare all materials for court and represent you in court, aiming for the best possible outcome.
What legislation covers assault of elderly offences in Queensland?
Section 340 of the Queensland Criminal Code.
What are the penalties for assault of elderly offences in Queensland?
The maximum penalty for serious assault in Queensland is 7 years imprisonment.
How much does it cost to hire an assault of elderly 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.
For a free case assessment, call us on 07 3999 8661 for a free case review.
Can Donnelly Law Group help me with assault of elderly offences outside of Brisbane & Gold Coast?
Yes – we regularly appear for many clients located in regional Queensland.
