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Assault Lawyers Queensland
What is assault in Queensland?
In Queensland, assault is defined under Section 245 of the Criminal Code Act 1899 (Qld). It includes any act where a person:
- Directly or indirectly applies force to another person without their consent, or
- Threatens to apply force, causing the other person to fear immediate and unlawful violence.
You don’t need to leave a mark or cause physical injury for the law to consider it assault. For example, grabbing someone’s shirt, raising a fist or making a verbal threat can all be treated as assault under Queensland law.
An assault is unlawful unless it is authorised, justified or excused by law. In simple terms, this means an assault is unlawful unless the accused was acting under a legal defence.
Call us if you're facing an assault charge
At Osborne Butler Lawyers, we’re experienced in defending all types of assault charges across Queensland. We have offices in central locations in Cairns, Brisbane and Gold Coast and attend court locations across QLD.
We understand how these cases are prosecuted and know how to challenge the evidence, negotiate with prosecutors and build the best defence.
Whether it’s a minor scuffle or a more serious allegation, we’re here to help.
Use the form to ask us anything. We’ll respond in 24 hours.
Types of assault offences under Queensland law
There are several categories of assault under Queensland law, each carrying different levels of seriousness and potential penalties.
We’ve set them out below.
Common assault
This involves minor assaults that don’t result in bodily harm. Examples can include slapping, pushing or verbal threats. It is covered by s 335 of the Criminal Code.
Penalty: Up to 3 years’ imprisonment.
Assault occasioning bodily harm (AOBH)
This is where the victim suffers actual physical injury (known as bodily harm), such as bruising or cuts. It is covered by s 339 of the Criminal Code.
Penalty: Up to 7 years’ imprisonment (or 10 years if the offender is armed or acting with other people).
What counts as bodily harm in Queensland?
Under the Criminal Code, bodily harm means any injury that interferes with a person’s health or comfort, and is more than trivial or temporary. This includes:
- Cuts and bruises
- Swelling or soft tissue injuries
- Minor fractures
- Black eyes or bleeding lips
Pain alone, without visible injury, usually isn’t enough to qualify. This definition is important in distinguishing common assault from more serious charges like AOBH or GBH.
Serious assault
This includes assault against police officers, public officers (e.g. paramedics) or people over 60. It is covered by s 340 of the Criminal Code.
Penalty: Up to 14 years’ imprisonment.
Grievous bodily harm (GBH)
GBH involves serious, permanent or life-threatening injuries, such as broken bones or long-term disability. It is covered by s 320 of the Criminal Code.
Penalty: Up to 14 years’ imprisonment.
Unlawful wounding
This happens where someone causes a wound that breaks the skin (e.g. stabbing or cutting). It is covered by s 323 of the Criminal Code.
Penalty: Up to 7 years’ imprisonment.
Aggravating factors
Sometimes charges may involve aggravating factors, which can increase the potential penalty. This can include things such as:
- Assault in company with others (i.e. with other people)
- Assault while armed
- Assault against a person in a vulnerable category (e.g. children, elderly).
Types of Defences for assault offences:
There are a range of defences available to assault related offences. However, not all defences are available to each offence. Some include:
- Self defence
- Provocation
- Defence of another
- Duress
Penalties for assault in Queensland
If a court is sentencing you for assault, they’ll take into account a range of factors, including:
- The seriousness of the injury you caused
- Whether you used any weapons
- Why you assaulted the person
- Whether you have a history of previous offences
Penalties for assault can include:
- Good behaviour bonds
- Fines
- Community service
- Probation
- Suspended sentences
- Imprisonment
In some cases, it may be possible to avoid a recorded conviction even where the court finds you guilty of assault.
What should you do if you are charged with assault?
Being charged with assault can be daunting. But what you do next can make a big difference to the outcome.
You should always speak with a lawyer as soon as possible after you’re charged.
An experienced criminal defence lawyer can:
- Assess the evidence against you and advise you on whether it supports the charge
- Identify any potential defences, such as self-defence or provocation
- Represent you in court and argue for the best possible outcome
- Negotiate with the prosecution to reduce or even withdraw charges in some circumstances.
The sooner you get legal advice, the better your chances of avoiding unnecessary consequences.
What should you do if you are charged with assault?
We always recommend getting legal advice as soon as:
- Police contact you for a statement or interview
- You are arrested or charged with assault
- You receive a notice to appear or summons
- You are involved in any physical altercation that may lead to charges.
Acting early can:
- Help you avoid self-incrimination
- Protect your rights
- Put you in the best position to fight the charge.
How We Can Help You
40+ Years Combined Experience
When you engage Osborne Butler, your matter will be handled by experienced lawyers who will be by side every step of the way.
Available 24/7
The earlier you have a lawyer on your side, the better chance you have of achieving a favourable outcome.
We Fight For Your Future
Our promise goes beyond words. We're in your corner, championing your rights and fighting fiercely for your future.
Fixed Price Costing
We offer our clients the option of a fixed price for our services ensuring transparency and no surprises.
Our Commitment To You
We treat our clients with empathy and respect. We’re dedicated to breaking down legal jargon and the complexities of the criminal justice process.
Your Privacy Is Our Priority
You can be assured of our strict confidentiality and sensitivity policy no matter how big or small the charge.
If you’ve been charged with assault, contact Osborne Butler Lawyers now for expert legal advice and strong defence representation.
Need a Criminal Defence Lawyer? Contact Osborne Butler
If you have a question or require legal advice or representation, please complete this form and we’ll respond within 24 hours. For urgent matters, please call us:
Cairns: 07 4041 3301
Brisbane: 07 3521 5588
Gold Coast: 07 5532 0066
