Violent offences are punished heavily in Queensland, particularly regarding ‘one-punch’ laws and assaults committed in public places or licensed venues (Safe Night Precincts).
Types of Assault Charges
- Common Assault: The lowest tier, covering threats or physical contact that does not cause injury.
- Assault Occasioning Bodily Harm (AOBH): Involves physical injury (e.g., bruising, cuts). Often attracts suspended sentences or short terms of actual imprisonment.
- Grievous Bodily Harm (GBH): Involves severe injury (broken bones, permanent disfigurement). Carries a maximum penalty of 14 years imprisonment, and actual jail time is the standard penalty.
Legal Defences
We extensively explore all legal defences available under the Criminal Code, primarily self-defence and provocation. We subpoena CCTV footage from venues and gather independent witness statements to establish that your actions were a proportionate and necessary response to a threat.
Contact our criminal lawyers for immediate advice.
Penalties in Queensland
Assault penalties scale with injury and context. Common assault carries up to 3 years. Occasioning bodily harm carries up to 7 (10 in company); grievous bodily harm up to 14; wounding up to 7 (14 in company). Assaults against police, corrective officers and other “protected” workers carry mandatory-ish escalation, and any domestic context brings additional sentencing frameworks, DVO consequences and cross-examination protections.
How We Defend Assault Charges
- Self-defence and defence of others - force used reasonably in response to an unlawful attack is lawful. We gather CCTV, messages and witness accounts fast, before memories and footage disappear.
- Factual disputes - “who started it” matters; inconsistent complainant accounts and prior hostility are relevant.
- Injury re-classification - the difference between bodily harm and grievous bodily harm can be the difference between Magistrates Court and District Court, and years of exposure. Medical evidence review often re-levels a charge.
- Domestic context - where a DVO applies, we coordinate the criminal charge with the protection-order proceedings so nothing you say in one court damages the other.
What To Do Right Now
Exercise your right to silence - accounts given at the scene or in interview are almost never as balanced as the full picture once evidence is gathered. Call (07) 5532 8777 before any interview.
The other person started it - why was I charged?
Police charge based on first reports. Self-defence is a complete answer but it is rarely accepted at the door - it is argued with evidence, which is why early investigation matters.
Will an assault charge stop me from working with children or in security?
A conviction can. Disqualifying offences are strict, and even pending charges can suspend clearances. We prioritise non-conviction outcomes and clearance appeals where careers are at stake.
Related FAQs & Guides
- What are my rights when arrested in Queensland?
- Summary vs indictable offences explained
- Criminal charges: the full process
For advice specific to your situation, contact our Gold Coast team on (07) 5532 8777.
