Assault · GBH · serious assault

Assault & violence charges

From a one-off pub altercation to a serious wounding, assault charges cover an enormous range — and so do the outcomes. The right defence often turns on self-defence, provocation, or whether the injury meets the legal threshold at all.

Queensland assault charges run from common assault, through assault occasioning bodily harm, to grievous bodily harm and serious assault of a police or public officer. Where your charge sits on that ladder decides which court hears it and how much is at stake.

Many assault matters are defensible. The prosecution must prove the application of force was unlawful — which means excluding self-defence, defence of another, accident and consent. We test each element and, where the evidence is thin, push for the charge to be withdrawn or downgraded before it ever reaches a hearing.

The charges — and what they carry

Common assaults335 Criminal Code

Maximum penalty3 years imprisonment

Assault occasioning bodily harms339 Criminal Code

Maximum penalty7 years (10 years if armed or in company)

Serious assault (police / public officer)s340 Criminal Code

Maximum penalty7 years (14 years if aggravated — e.g. bodily harm, spitting or biting)

Grievous bodily harms320 Criminal Code

Maximum penalty14 years imprisonment

Figures are statutory maximums under Queensland law. Actual sentences are usually far lower — get advice about your matter.

Defences we run

Self-defence or defence of another person
The injury does not meet the legal definition of bodily or grievous harm
Accident — the force was not willed
Identification is mistaken or the CCTV does not show what the Crown says it does
Provocation (relevant to some charges and to sentence)

How we defend you

We obtain the full brief — statements, CCTV, medical and body-worn footage — and pinpoint the weak links.
We advise you honestly on whether to fight the charge or resolve it on the best available terms.
Where you plead, we build a sentencing case aimed at a non-conviction or the lightest penalty open to the court.

Questions people ask

Will I get a criminal record for a fight?

Not necessarily. For a first, lower-level assault the court can decline to record a conviction under section 12 of the Penalties and Sentences Act. We build the case for that outcome from your first appointment.

The other person started it — does that matter?

Yes. Self-defence is a complete defence in Queensland if your response was reasonable in the circumstances as you believed them to be. It can result in an acquittal or the charge being dropped.