Assault Charges
Ipswich and Brisbane Lawyers.
Legal Support With Assault Charges
Did you end up in a fight to protect yourself, your belongings, or someone else? Many times, people who face assault charges say they only acted that way because they felt they had no choice or were threatened by someone else.
There are several defences you can use if you’re charged with assault, but you’ll need a highly skilled criminal lawyer to make these defences work in court.
Before you speak to the police while emotions are high, it’s a wise decision to call Hodgson Lawyers. Let them take care of the legal side for you.
Legal Support With Assault Charges
Did you end up in a fight to protect yourself, your belongings, or someone else? Many times, people who face assault charges say they only acted that way because they felt they had no choice or were threatened by someone else.
There are several defences you can use if you’re charged with assault, but you’ll need a highly skilled criminal lawyer to make these defences work in court.
Before you speak to the police while emotions are high, it’s a wise decision to call Hodgson Lawyers. Let them take care of the legal side for you.
Assault Related Offences In Queensland
In Queensland, there are various types of ‘assault’ offences you might be charged with, as outlined in the Queensland Criminal Code Act 1899. These offences involve any action where you strike, touch, move, or apply force to someone else without their permission. This includes using heat, light, electricity, gas, smells, or any other substance in a way that causes injury or discomfort. The specific assault charge you face depends on what exactly happened, any injuries the other person got, and how old they are. In assault cases, the court can make you pay compensation to the victim for their pain and suffering, medical costs, or lost wages because of the injury.
At Hodgson Lawyers, we try to settle assault cases out of court through justice mediation whenever we can.
Common Assault
For common assault, the victim doesn’t need to be hurt. It could be something small like blowing smoke in someone’s face or touching them without causing pain.
The maximum punishment for common assault is 3 years in jail.
Assault Occasioning Bodily Harm
This is when the assault causes an injury. Bodily harm can be anything from minor discomfort to a broken bone.
The maximum sentence for this is 7 years in jail.
Grievous Bodily Harm
Grievous bodily harm involves serious injuries like losing a body part, serious scarring, or any injury that could be life-threatening or cause permanent health problems if not treated.
You don’t need to have assaulted someone to be charged with this; it’s enough if your action caused the injury.
The maximum penalty here can be life in prison.
Unlawful Wounding
Unlawful wounding means you did something that broke someone’s skin, like attacking them with a needle or knife.
The maximum penalty is 7 years in jail.
Serious Assault
Serious assault is any kind of assault against certain people, like police officers or someone over 60. You don’t need to have injured them. Assaulting these individuals is seen as more serious.
The maximum penalty for serious assault is 7 years in jail.
Assault Related Defences In Queensland
When facing assault charges in Queensland, it’s important to know that the law requires the prosecution to prove the assault was ‘unlawful’. There are several defences to assault charges that, if effectively used, could stop the prosecution from proving the assault was ‘unlawful’ beyond reasonable doubt.
In Queensland, defences for assault offences include:
- Accident
- Defending someone else
- Extraordinary emergency
- Insanity
- Mistake of fact
- Preventing a repeated insult
- Provocation
- Self-defence
- An act that was not intentional
Successfully using these defences in court needs deep knowledge of Queensland’s criminal law, and it’s not wise to try it without help from an expert lawyer.
At Hodgson Lawyers, we specialise solely in criminal law, which means we’re fully focused on this area. We will create the strongest defence strategy for you, aiming to keep your record clean and avoid prison.
“We will tell you what you need to know which may not be what you want to hear but it will put you on the best path to achieve your aims.”
John O’Byrne, Principal Solicitor.
Common Assault
Assault Occasioning Bodily Harm
Grievous Bodily Harm
Unlawful Wounding
Serious Assault
Appeals
What You Can Expect From Us:
Honesty & Trust
We pride ourselves on being an ethical law firm. We take our position of trust very seriously in regards to your situation.
We understand your position and you can trust us to lead your legal journey to get you the best result possible.
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We understand how confusing the legal system can be.
Therefore, we ensure you understand your position, what is required and the path forward in each step through your legal journey.
Professional Guidance
With over 20 years experience in the Queensland legal system, there is no case we have not worked on.
Rest assured that whatever you are going through, we have the experience and knowledge to professionally help you.
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Our team work hard and value creating an ongoing relationship with you through regular meetings and exceeding your needs. We value a positive experience for you right through the process and delivering your result.