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Criminal Defence for Assault
Assault charges are serious legal matters that can have significant consequences if not handled properly. If you're accused of assault in Townsville, seeking legal representation from a local assault lawyer in Townsville is essential. A skilled lawyer can help you understand your rights, build a strong defence and navigate the complexities of the legal system.
Understanding Assault Charges in Australia
In Australia, assault is classified as a criminal offence under state laws. In Queensland, the Criminal Code Act 1899 defines various types of assault, each with different legal implications and potential penalties. The severity of the charge depends on factors such as intent, injury and whether a weapon was used.
Types of Assault
- Common Assault – This occurs when a person unlawfully strikes, touches or applies force to another person without their consent. It can also include threats of violence if the victim believes the threat will be carried out. Common assault is often prosecuted when no significant injury occurs, but it can still result in penalties such as fines or imprisonment.
- Assault Occasioning Bodily Harm – This involves causing physical harm to another person. The penalties for this offence are more severe than those for common assault. The prosecution must prove that actual bodily harm resulted from the assault, which may include bruises, cuts or fractures. Sentences for this offence can include lengthy jail time, particularly if aggravating factors are present.
- Grievous Bodily Harm (GBH) – A more serious charge where the victim suffers permanent injury, disfigurement or life-threatening harm. GBH is a major offence with severe consequences, often leading to significant imprisonment terms. The prosecution must establish that the harm caused was serious and long-term, and intent may play a crucial role in the case outcome.
- Serious Assault – Assaulting police officers, public officials or vulnerable individuals such as the elderly may result in harsher penalties. In these cases, the law imposes stricter sentencing to protect individuals performing official duties or those unable to defend themselves effectively. Serious assault charges often carry mandatory sentencing guidelines.
- Sexual Assault – This involves non-consensual sexual contact and carries significant legal and social consequences. Sexual assault is considered a particularly serious offence, with penalties including lengthy imprisonment and mandatory registration as a sex offender. Defence strategies for sexual assault cases often involve issues of consent, mistaken identity or false accusations.
An assault lawyer in Townsville can assess the specific circumstances of your case and develop the most effective legal strategy.
Possible Defences Against Assault Charges
Defending against an assault charge requires a well-prepared legal strategy. There are several possible defences that an assault lawyer in Townsville can present on your behalf:
1. Self-Defence
If you used force to protect yourself or another person from immediate harm, this could be a valid defence. The force used must be reasonable and proportionate to the threat faced.
2. Defence of Another Person
Similar to self-defence, this applies when an individual uses force to protect another person from imminent harm.
3. Lack of Intent
For an assault charge to hold, the prosecution must prove that the accused acted intentionally. If the action was accidental and lacked intent, the charge may be dismissed.
4. Consent
In some cases, if both parties consented to a physical interaction (such as in sports or consensual fights), this may be a defence.
5. Mistaken Identity
If there is insufficient evidence linking you to the alleged assault, an assault lawyer in Townsville can challenge the reliability of witness statements or surveillance footage.
6. Duress or Necessity
If you were forced to commit an assault due to threats to your safety or under extreme circumstances, this could serve as a defence.
7. Mental Impairment
If the accused was suffering from a mental illness that impaired their ability to understand their actions, this might be a valid defence.
Each case is unique, and an assault lawyer in Townsville can determine the best approach based on the specific facts and evidence available.
Legal Process for Assault Charges
Understanding the legal process can help you prepare for what lies ahead. Here’s what typically happens after an assault charge is laid:
1. Arrest and Charges
If police suspect you of assault, they may arrest and charge you. You have the right to remain silent and should request legal representation immediately.
2. Bail Application
Depending on the severity of the charge, you may need to apply for bail. An assault lawyer in Townsville can argue for your release under reasonable conditions.
3. Court Appearances
You'll be required to attend court hearings where the charges and evidence against you are presented. Having legal representation is crucial during this phase.
4. Case Preparation and Defence Strategy
Your lawyer will gather evidence, interview witnesses and prepare a defence strategy tailored to your case.
5. Trial or Negotiation
If the case proceeds to trial, your lawyer will present your defence in court. Alternatively, negotiations with the prosecution may lead to charge reductions or alternative sentencing.
6. Sentencing or Acquittal
If found guilty, the court will determine an appropriate sentence. If acquitted, you'll be cleared of the charges.
Penalties for Assault Convictions
The penalties for an assault conviction vary depending on the severity of the offence. Possible consequences include:
- Fines – Monetary penalties may be imposed for lesser offences.
- Good Behaviour Bonds – A court order requiring the offender to comply with certain conditions for a period of time.
- Community Service – Completing a specified number of hours of unpaid community work.
- Imprisonment – More serious offences, such as grievous bodily harm, can result in significant jail time.
- Criminal Record – A conviction can have long-term consequences on employment and travel opportunities.
Our assault lawyers will work to minimise the potential penalties and explore options such as diversion programs or reduced sentencing.
Why You Need an Assault Lawyer in Townsville
Facing an assault charge can be overwhelming, but a qualified assault lawyer can provide essential support and guidance. Here’s how we can help:
- Legal Expertise – Knowledge of criminal law and courtroom procedures can help build a strong defence strategy.
- Evidence Review – Analysing police reports, CCTV footage and witness statements to identify inconsistencies.
- Negotiation Skills – Working with prosecutors to reduce charges or secure favourable plea deals.
- Court Representation – Presenting your case effectively in court.
- Protecting Your Rights – Working to ensure fair treatment and preventing unlawful procedures.
Steps to Take If You're Charged with Assault
- Remain Silent – Do not answer police questions or provide statements without legal representation.
- Seek Legal Advice Immediately – Contact an assault lawyer as soon as possible for legal guidance.
- Document Everything – Take detailed notes on the incident, including the names and contact details of witnesses.
- Preserve Evidence – Keep any relevant documents, photos or messages that could support your defence.
- Follow Legal Guidance – Work closely with your lawyer to develop the strongest possible defence strategy.
- Comply with Bail Conditions – If released on bail, adhere strictly to all conditions to avoid further legal trouble.
- Attend All Court Dates – Missing a court appearance can result in additional legal penalties and complications.
Assault charges can have serious legal and personal consequences, making it crucial to have expert legal representation. A skilled Townsville assault lawyer can guide you through the legal process, build a strong defence and work towards the best possible outcome. If you're facing an assault charge, seeking legal help as soon as possible can significantly impact the final result of your case.
Criminal Lawyers For Assaults & Violent Offences
What To Do When Arrested in Relation to an Alleged Assault
If arrested in relation to an alleged assault, it is wise not to make a statement or answer any questions without having first sought advice from an experienced criminal lawyer.
The only obligation to police is to provide your basic personal information and contact details. ATL strongly advises remaining silent because what you say could be used against you. Do not make any statements but call our
Townsville lawyers for expert legal advice.
Consulting with your lawyer before taking any other step is the best way to maximise your chance of a positive outcome. That is why ATL has established a 24/7 crime line
0418 762 728 and urges its clients to freely use it, day or night.
Assault Types
What is an assault and what are the types?
Assault is defined in section 245 of the Queensland Criminal Code Act 1899 as “a person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent”.
Indirect application of force includes the application of light, heat, electricity, smell or any substance that causes injury or personal discomfort.
Assault offences are the most common offences of violence. There are a number of different offences which include:
- Common assault
- Assault occasioning bodily harm (aggravated by being armed or in company)
- Grievous bodily harm
- Choking in a Domestic Setting
- Obstruction or assault of a police officer
- Serious Assault
- Wounding
The reason these are called “assault type offences” is that some of the more serious offences may involve an assault, but assault is not an element that needs to be proved.
Importantly from a legal perspective, being convicted in a criminal court can also lead to you being
sued civilly for common law torts such as “assault” and “battery”.
These are different from criminal proceedings, but failure to get proper advice in relation to a criminal charge can have potential civil consequences later.
The type of assault and other specifics of your case are essential when preparing a defence strategy.
Common Assault
What is considered to be a "Common Assault"?
Many people think that common assault which can be as simple as a push to the chest, is a minor offence. Compared with others in the Criminal Code it is least serious of all the assault categories, however it is an indictable offence which puts it up there in the serious category of criminal offences.
A common assault can include shoving another person and also punching, slapping or kicking them without causing injury. A common assault charge carries a maximum penalty of three years imprisonment in Queensland.
A common assault can be shoving another person and also punching, slapping or kicking them.
Depending on the severity of the charge of common assault, penalties can range from good behaviour bonds, fines, probation, community service and terms of imprisonment.
Serious Assaults
What is considered to be a "Serious Assault"?
These are the same as Common Assaults but attract a much higher penalty because of the category of the victim. A serious assault charge carries a maximum penalty of 7 years imprisonment.
Not everyone can be a victim of a serious assault, there are a number of categories, some common examples are;
- Elderly persons over the age of 60
- Blind or disabled persons
- A police officer whilst in the execution of their duties
In the case of assaults on police if the assault involves spitting or transmitting any bodily fluid, causes bodily harm or a weapon is used a greater maximum penalty of up to 14 years is applied.
The police will decide if the matter remains in the Magistrates Court or proceeds to the District
Court.
These types of offences are treated very seriously by the courts. Even youthful first time offenders with no criminal history are at very real risk of going to prison if convicted of a Serious Assault.
Assaults Occasioning Bodily Harm
What is an Assaults Occasioning Bodily Harm?
Unlike common assaults, these assaults cause injuries of various severity. These include scratches, cuts, bruises, swelling and broken bones. If these are the result of applying force to another person or striking, moving or touching them without their consent, the victim has the right to press charges.
This is a step up from a common assault in the terms of seriousness. It is effectively a common assault that results in injury to a victim that is not permanent or does not result in serious disfigurement.
A person convicted of assault occasioning bodily harm can be liable for up to a maximum of seven years imprisonment.
The penalty is increased to 10 years if it involves more than one person and/or the use of a weapon or offensive implement to cause the injury.
A greater penalty will also be imposed if it is a Domestic Violence offence.
If you are charged with an Assault Occasioning Bodily Harm, a period of imprisonment is not a sentence of last resort. We strongly urge that you get early legal advice about your options moving forward as depending on the nature and seriousness, you may be able to elect for the matter to be heard and determined in the District Court before a jury.
Wounding
What is wounding?
This involves an attack or incident in which the true skin of the victim is broken by cutting or stabbing by an implement or weapon that is likely to cause that result.
This is not considered to be an assault and the prosecution do not need to prove that an assault occurred. The injury cannot be Grievous Bodily Harm and the victim must survive the attack.
The maximum penalty for wounding is 7 years imprisonment. This offence cannot be dealt with in the Magistrates Court and must proceed to the District Court. A conviction for this offence will generally result in a period of imprisonment.
Choking in a Domestic Setting
A very serious and very specific type of offence is choking in a domestic setting. This is not
considered to be an assault.
It is a distinct and separate offence that was recently enacted in Queensland to specifically target perpetrators of Domestic Violence offences. It requires choking or strangulation and a domestic relationship to exist between the parties.
The maximum penalty for choking is 7 years imprisonment. It cannot be dealt with in the Magistrates Court and must proceed to the District Court. A conviction for this offence will generally result in periods of imprisonment being imposed.
Grievous Bodily Harm
What is Grievous Bodily Harm?
Grievous bodily harm is a very serious offence of violence. But it is not categorised as an assault. It involves situations in which the victim suffers serious disfigured or suffers permanent injury or endangers an individual's life.
The maximum penalty for a charge of grievous bodily harm is fourteen years imprisonment. This charge cannot be dealt with in the Magistrates Court and a conviction for this charge will generally result in lengthy periods of imprisonment.
This is an extremely serious example of assault and can only be finalised in the District Court of Queensland.
Section one of the Criminal Code defines grievous bodily harm as follows:
- The loss of a distinct part or an organ of the body; or
- Serious Disfigurement
- Any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause permanent injury to health.
Whether or not treatment is or could have been available.
Assault & Obstruction Of A Police Officer
If police officers are performing their duties, it is an offence to assault them. You do not have to assault an officer to be charged. It is enough to obstruct them in any way.
Assaults and obstructions occurred on licensed premises come with potential fines of up to $7560 and imprisonment of up to 12 months. If the offence occurred outside of licensed premises, six months' imprisonment and a fine of up to $5040 can be imposed.
How Can We Help?
Our lawyers will carefully listen to the specifics of your case and advise the best defence strategy. The available defences include, but are not limited to, self-defence, necessity, provocation and accident.
Do not hesitate to give
Anderson Telford Lawyers a call as soon as you are charged with assault or are questioned by police.
