What should I do if charged with Common Assault (s335) in QLD?

Exercise your right to silence and seek legal advice immediately. Common assault covers any unlawful touch or threat. Penalties can include up to 3 years imprisonment, but a lawyer can often argue for 'No Conviction Recorded' if it is your first offence.

What is the penalty for breaching a Domestic Violence Order (DVO)?

Under s139 of the DFVP Act, breaching a DVO is a criminal offence. For a first offence, you face up to 3 years imprisonment. If you have a prior conviction within 5 years, the maximum penalty increases to 5 years imprisonment. Proximity or contact breaches are taken very seriously by the court.

If I am charged with Stealing (s391), what is the 'intent' requirement?

To be guilty of stealing, the prosecution must prove you had the intent to 'permanently deprive' the owner of the property. Mistake of fact or an honest belief of right can be complete defences. A conviction for a 'dishonesty offence' like stealing can severely impact your employment prospects.

What is Coercive Control and is it a crime in Queensland?

As of 2025, Coercive Control is a criminal offence under s176A of the Criminal Code. it involves a 'pattern' of abusive behaviour (like financial control or isolation) intended to dominate a partner. The maximum penalty is 14 years imprisonment.

Criminal Law FAQs

Q: Do I need a lawyer for a minor criminal charge?

Yes. Even 'minor' charges can result in a recorded conviction that affects employment and travel. A lawyer can negotiate with police and argue for 'no conviction recorded' under Section 12 of the Penalties and Sentences Act.

Q: What is the difference between summary and indictable offences?

Summary offences are less serious (like public nuisance) and are heard by a Magistrate alone. Indictable offences are serious crimes (like rape or robbery) that are normally heard by a Judge and Jury in the District or Supreme Court.

Q: How does bail work in Queensland?

Bail allows you to remain free while waiting for trial. For most offences, there is a presumption in favour of bail unless you are an 'unacceptable risk'. Conditions like reporting or curfews are often attached.

Q: Will a criminal conviction appear on my record permanently?

Most convictions remain on your history indefinitely. However, the court can order 'No Conviction Recorded' for minor offences. Additionally, 'Spent Convictions' laws may hide eligible convictions after 10 years.

Q: Should I plead guilty if I committed the offence?

Not automatically. You should obtain legal advice first to ensure the police facts are accurate and you are not being over-charged. Early guilty pleas attract sentence discounts, but the charge must be correct.

Confused about criminal proceedings? Our experienced Southport criminal defence lawyers provide clear answers to common questions about police interviews, court appearances, sentencing, and your legal rights in the Queensland justice system.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Assault

Being charged with Common Assault in Queensland under s335

Common assault under s335 of the Criminal Code is the most frequent assault charge in QLD. It involves any unlawful touch or threat of violence without causi…

Criminal Law FAQs

Important Legal Disclaimer

Assault

Being charged with Common Assault in Queensland under s335

Being charged with Assault Occasioning Bodily Harm in Queensland under s339

Being charged with Serious Assault in Queensland under s340

Court

Do I need a lawyer for a minor criminal charge in Queensland?

What is the difference between summary and indictable offences in Queensland?

How does bail work in Queensland?

What is the difference between a summary and indictable offence?

Should I plead guilty if I committed the offence?

Drugs

Being charged with Drug Possession in Queensland under s9

General

Am I eligible for drug diversion in QLD?

Can I claim self-defence for an assault charge?

What are the new laws on sexual consent in QLD?

What is 'Stealing as a Clerk' in QLD?

What is the penalty for possessing an unregistered firearm?

Police

What should I do if arrested by police in Queensland?

Property Damage

Being charged with Wilful Damage in Queensland under s469

Public Order

Being charged with Public Nuisance in Queensland under s6

Resources

Who to contact for Criminal Law matters in QLD?

Sentencing

Will a criminal conviction appear on my record permanently?

Theft

Being charged with Stealing or Theft in Queensland under s391

Being charged with Fraud in Queensland under s408C

Traffic

Being charged with Dangerous Operation of a Vehicle in Queensland under s328A

Traffic Matters

I've been charged with drink driving. Can I get a work license?