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Types of Assault Charges

OffenceCommon AssaultAssault Occasioning Bodily Harm
DefinitionAny person who unlawfully assaults another.Any person who unlawfully assaults another and thereby does the other person bodily harm.
Examples

Assault includes the below non-consensual actions done directly or indirectly:

  • threats
  • strikes
  • touches
  • moves or
  • otherwise applies force

Bodily harm has been broadly defined to include:

  • scratches
  • bruising
  • permanent injury
  • physical disfigurement

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Frequently Asked Questions

The maximum sentence for common assault is three years imprisonment.

Depending on the circumstances of your case, instead of actual prison time, the court may impose:

  • Good behavior bonds
  • Fines
  • Probation
  • Community service
  • Parole
  • Imprisonment wholly suspended
  • Intensive corrections order

If you assaulted a person while you were affected by drugs or alcohol in a public place, you might get a higher penalty. Other aggravated factors include assault of aircraft crew, police officers, public officers, people with disabilities or those aged over 60 years.

You may face a mandatory community service order in addition to a term of imprisonment.

The maximum penalty for this offence is 7 years’ imprisonment.

The maximum penalty increases to 10 years imprisonment if the offender is or pretending to be armed with a dangerous weapon; or commits assault accompanied by one other person.

In Queensland, if convicted the court could impose the following penalties:

  • Actual Imprisonment
  • Suspended or parole
  • Intensive Correction Order
  • Community Service Order
  • Fine
  • Good behavior bond

When deciding the penalties, the court is required to consider the nature of the offence, the offender’s personal circumstances and any criminal history.

Possible defences to common assault include but are not limited to:

  • Self-defence
  • Accident
  • Duress
  • Intoxication
  • Provocation

To achieve the best possible outcome, our criminal lawyers at Ascent Lawyers can help you develop an effective defence.

You have the right to remain silent. You have to provide the police with your name, date of birth and contact details. Other than that, you do not have to answer any questions or participate in any interview with the police. You have the right to telephone a relative, friend or lawyer.

Engaging Ascent Lawyers helps you to avoid any jail sentence or a conviction record. Some of the benefits include:

  • We are here to help you through the court process and make everything as stress free as possible, in most cases you will not have to say anything in court
  • We are good at having effective case conferencing with the police prosecution meaning we can often have them not seek a jail sentence
  • We are good at having effective case conferencing with the police prosecution meaning we can often have them not seek a jail sentence
  • We are good at having effective case conferencing with the police prosecution meaning we can often have them not seek a jail sentence
  • Engaging us shows the court you are taking your charges seriously
  • Your matter will be heard early
  • You will be fully informed of what is to happen in court and what that means to you after court

If you are charged with an assault offence, it is very important that you seek immediate legal advice. If you require legal advice or representation in your criminal law matter, please contact Ascent Lawyers via (07) 3532 6982.

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