Facing Assault charges in Qld?

Under Section 339 of the Criminal Code Act 1899 (Qld), any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years.

Examples of bodily harm can include:

• Cuts, bruises, or abrasions

• Broken bones or fractures

• Internal injuries

• Any injury that interferes with the victim’s health or comfort and is more than transient or trifling.

The maximum penalty can increase from 7 years imprisonment, to 9 years imprisonment if material is published on a social media platform, or an online social network to advertise the offender’s involvement in the offence, or the act or omission constituting the offence.

It also increases to 10 years if the defendant does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more person. This is called an ‘aggravated offence’.

While not all individuals convicted of this offence will receive the maximum penalty, the sentence will depend on factors such as:

• The severity of the injuries – The extent and nature of harm caused to the victim.

• Whether a weapon was used – Using a weapon or object during the assault may increase the penalty.

• The circumstances of the assault – Including whether it occurred in a public place, during a domestic dispute, or under the influence of alcohol or drugs.

• The defendant’s antecedents – Any prior criminal history or previous convictions for violent offences.

• Provocation or self-defence – Whether the defendant was provoked or acting to protect themselves or others.

• Impact on the victim – The emotional, physical, and financial consequences for the victim.

• Any aggravating factors – Such as whether the assault involved multiple offenders.

Bodily harm is defined in s 1 Criminal Code 1899 (Qld) as a bodily injury which interferes with health or comfort.

The sensation of pain by itself is not enough. It includes psychiatric injury, but does not include emotions such as fear or distress.

Whether you will go to prison for assault in Queensland depends on the type of assault charge, the seriousness of the alleged injuries, and your personal circumstances.

• For common assault (s 335 Criminal Code 1899 (Qld), the maximum penalty is 3 years imprisonment. First-time offenders often receive fines, good behaviour bonds, or community service if the incident is at the lower end of seriousness.

• For assault occasioning bodily harm (s 339), the maximum penalty is 7 years, or 10 years if committed in company or with a weapon. Prison is more likely if there are serious injuries, weapons involved, or if you have prior convictions.

• For serious assault (s 340), penalties range up to 14 years depending on who was assaulted (for example, police officers, public officers, or vulnerable persons). There is a high risk of actual imprisonment in these cases.

• For very serious offences such as grievous bodily harm (s 320) or unlawful striking causing death (s 314A), prison sentences are highly likely if a person is convicted.

Courts also consider mitigating factors such as your criminal history (if any), remorse, rehabilitation efforts, and whether you plead guilty early.

Early advice is critical to consider the available defences or to argue for a non-custodial penalty such as probation or a suspended sentence.

Our experienced criminal lawyers will thoroughly examine the evidence and circumstances of your case to develop the strongest defence.

We take a meticulous approach and consider all possible arguments, including:

• Self-defence - Whether you acted to protect yourself or another person from harm

• Lack of intent - Whether the injury was accidental

• Identity - Whether the prosecution can prove beyond reasonable doubt that you were responsible for the assault.

• Consent - In rare cases, whether the victim consented to the physical contact that caused the injury.

• Factual disputes - Challenging the version of events presented by the complainant or witnesses.

In some cases, we may also negotiate with the prosecution to have the charges reduced or dismissed, depending on the evidence and circumstances. Adult Restorative Justice Conferencing (mediation) may also be appropriate depending on the facts.

• If you are charged with Assault Occasioning Bodily Harm, it is essential to:

  • Seek legal advice immediately before speaking with the police or participating in an interview.

  • Preserve any evidence in your favour, such as medical records, photos, or text messages. If there is CCTV footage that may assist, notify your lawyer promptly as it can be overwritten quickly.

  • Identify potential witnesses who can support your case, and provide their details to your lawyer. Do not approach them yourself or contact the complainant.

  • Follow any bail conditions strictly, if applicable.

  The early stages are critical in determining the outcome of your case. Our experienced assault lawyers in Brisbane will carefully review the evidence, provide strategic advice, and work to achieve the best possible result for your case.

Whether a conviction is recorded for an assault charge in Queensland depends on the offence, the circumstances of the case, and the discretion of the sentencing court.

• Under s 12 of the Penalties and Sentences Act 1992 (Qld), the court may decide not to record a conviction even if you are found guilty.

• Factors the court considers include the seriousness of the offence, your age and character, and the impact a conviction may have on your future (for example, employment or travel).

• For less serious offences such as common assault, there is a greater chance of avoiding a recorded conviction, particularly if you have no prior criminal history.

• For more serious offences such as assault occasioning bodily harm or serious assault, the likelihood of a conviction being recorded increases, and in some cases imprisonment may also be imposed.

Early advice from an experienced criminal defence lawyer is critical in these cases.

An assault charge can affect your employment, even before the matter is finalised in court. The impact depends on your job, your employer’s policies, and whether a conviction is ultimately recorded.

• Professional roles – If you hold a practising certificate, licence, or registration (for example, as a lawyer, teacher, health professional, or security guard), you may be required to notify your regulator of the charge or conviction.

• Employment background checks – Many employers conduct criminal history checks. If a conviction is recorded, it will usually appear on your criminal history and may affect your ability to work in certain industries.

• Employer policies – Some employers have strict codes of conduct that require disclosure of charges, even before the matter goes to court.

• No conviction recorded – If the court decides not to record a conviction under s 12 of the Penalties and Sentences Act 1992 (Qld), it may reduce the impact on your employment, although you may still need to disclose the finding of guilt in regulated professions.

• Pending charges – Even if you have not been convicted, an assault charge may lead to suspension from work duties in sensitive positions (such as working with children or vulnerable persons).

It is important to obtain legal advice early, not only about defending the charge but also about managing the potential impact on your career.