Assault and violence charges in Queensland can have serious consequences, impacting both your personal life and legal standing.

At Smith Cambridge, our experienced legal team is dedicated to providing strategic defence against such charges.

  • Assault and violence charges can result in severe penalties, including imprisonment.
  • It’s crucial to seek legal representation immediately if facing such charges to protect your rights and build a strong defence.
  • Our lawyers have a deep understanding of Queensland’s criminal laws, offering personalised strategies tailored to your specific case.

Seeking legal counsel should be your priority to mitigate the possibility of these charges escalating. Speak to our violence and assault lawyers today for a confidential consultation. 

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What are Assault & Violence Charges?

Assault and violence offences in Queensland are primarily governed by the Criminal Code Act 1899. The Code sets out a broad range of offences, from common assault at the lower end through to grievous bodily harm, torture and murder at the most serious end of the spectrum.

The type of charge you face will depend on the nature of the alleged conduct, the level of harm caused or intended and the circumstances surrounding the incident. Whether you’re facing a first-time allegation or a more complex matter, understanding what you might be up against is the first step.

What Happens After You’re Charged

Once charged, you’ll be required to appear in court. Depending on the severity of the offence, your matter may be heard in the Magistrates Court (which deals with 95% of cases) or escalated to the District or Supreme Court.

Possible outcomes include:

  • Charges Withdrawn or Dropped: In some cases, the prosecution may decide there is insufficient evidence to proceed and withdraw the charges entirely. This can happen at any stage, and having experienced lawyer for assault and violence offences increases the likelihood of this outcome.
  • Charges Reduced: Through early negotiation with prosecutors, it may be possible to have the charges reduced to a less serious offence. This can significantly affect the penalties you face and how your matter is resolved.
  • Guilty Plea: If you elect to plead guilty, the court will move to sentencing. Strong legal submissions at this stage can still influence the penalty imposed.
  • Not Guilty Plea and Trial: If you plead not guilty, your matter will proceed to a hearing or trial where the prosecution must prove the charge beyond reasonable doubt. A well-prepared defence can result in an acquittal.

Conviction and Sentencing: If found guilty, the court will issue a penalty based on the nature of the offence and your personal circumstances.

AREAS OF EXPERTISE
  • Common Assault
  • Serious Assault
  • Assault / Obstruct Police
  • Assaults occasioning bodily harm (AOBH)
  • Unlawful wounding
  • Grievous Bodily Harm
  • Choking, suffocation or strangulation
  • Torture
  • Wounding
  • Negligent acts causing
  • Manslaughter
  • Murder
  • Unlawful striking causing death
  • Defences
Assault & Violence Related Articles

Penalties

The penalties for these charges can vary in severity for offences like common assault, grievous bodily harm, manslaughter and more.

Each offence has specific elements and penalties under the law, and the consequences for conviction can range from fines and community service to imprisonment, depending on the seriousness of the offence.


Common Questions

Whether your matter involves a serious violence charge or common assault, our lawyers are ready to answer your queries and guide you through what comes next.

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01What Role Does Intent Play In Assault & Violence Charges?

Intent plays a crucial role in assault charges and can significantly impact the nature of the charges and potential penalties.

In assault cases, the prosecution must prove that the accused had the requisite intent to commit the offence. The specific intent required can vary depending on the type of assault charges. Here’s how intent factors into assault charges:

  1. Intentional Assault (Common Assault): To be convicted of common assault, the prosecution generally needs to prove that the accused intentionally applied force or threatened to apply force to another person without their consent. Intent to cause harm or fear is a key element in this offence. It’s not necessary to prove that the accused intended to cause significant harm; the intent to apply any level of force is sufficient.
  2. Reckless Assault (Assault Occasioning Bodily Harm): For more serious assault charges, such as assault occasioning bodily harm, the prosecution needs to establish that the accused acted recklessly. In this context, recklessness means that the accused was aware that their actions could result in harm or injury to another person but proceeded with the conduct anyway. Intent to cause harm may not be required, but the accused’s awareness of the risk is crucial.
  3. Grievous Bodily Harm (GBH) or Wounding: In cases involving more severe harm, such as grievous bodily harm or wounding, the prosecution typically needs to prove that the accused had a higher level of intent. This may involve proving that the accused intended to cause serious harm or that they were aware that their actions were highly likely to cause such harm.
02Is Self Defence A Viable Defence Strategy?

The viability of a self-defence strategy in assault and violence cases depends on the specific circumstances surrounding the alleged offence. In Queensland, as in many jurisdictions, individuals have the right to defend themselves or others when facing a threat of harm. Self-defence can be a viable legal strategy if the following conditions are met:

  1. Proportionality: Self-defence must be proportional to the threat faced. This means that the force used in self-defence should not exceed what is reasonably necessary to protect oneself or others from harm.

2. Immediacy: The threat must be imminent, meaning that there is an immediate danger of harm. Self-defence generally cannot be used as a justification for actions taken in response to a past or potential future threat.

3. Reasonable Belief: The person acting in self-defence must have a genuine and reasonable belief that their actions were necessary to protect themselves or someone else.

4. No Aggressor:
Generally, the person claiming self-defence should not be the initial aggressor in the situation. If they initiated the violence or confrontation, self-defence may not be a valid defence.

5. Use of Force: The use of force should cease once the threat is neutralised. Continuing to use force when the threat has ended can jeopardize a self-defence claim.

It’s important to note that whether self-defence is a viable strategy is highly fact-specific and should be assessed on a case-by-case basis. A qualified criminal defence lawyer can evaluate the details of the case, gather evidence and provide guidance on the potential effectiveness of  jeopardise a self-defence argument.

03 CAN I BE CHARGED WITH A VIOLENT CRIME EVEN IF THE INJURY WAS MINOR?

Yes. In Queensland, charges can be laid based on intent and conduct alone, meaning even minor or no injury can still result in a criminal charge.

04 WHAT HAPPENS IF THE COMPLAINANT WITHDRAWS THEIR STATEMENT?

While a complainant can withdraw their statement, this does not automatically mean charges will be dropped, as the prosecution can still proceed if sufficient evidence exists.

Why Choose Smith Cambridge?

Smith Cambridge provides robust legal representation, exploring all avenues to establish reasonable doubt and secure favourable verdicts for clients.

When confronting allegations related to assault and violence, individuals often find themselves confronted with a complex legal landscape.

Failing to seek legal representation and experiencing an unfavourable outcome in your case can result in long-lasting consequences for both your personal and professional life.

We’ll work tirelessly to secure the best possible outcome for your case.

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Here are three key risks individuals face when dealing with assault and violence charges:

  • A conviction for assault or violence can result in a criminal record, which can have lasting consequences. A criminal record may impact future employment opportunities, travel, and personal relationships.
  • Depending on the severity of the offence, individuals may face significant penalties, including fines, probation, community service or imprisonment. In more serious cases, such as aggravated assault, sexual assault or domestic violence, lengthy prison sentences are possible.
  • In domestic violence cases, a court may issue a restraining order (also known as a Domestic Violence Protection Order) to protect the victim. These orders can impose restrictions on contact with the victim and may affect child custody arrangements.
The Smith Cambridge Difference
  • Expertise: A seasoned team with experience in addressing criminal law matters, with a deep understanding of relevant laws and regulations.
  • Personalisation: Tailored defence strategies that consider the unique aspects of your case, aiming for the best possible outcome.
  • Diligence: An extensive review of all evidence, identifying weaknesses in the prosecution’s case and material that supports your defence.
  • Advocacy: A committed ally dedicated to vigorously defending your rights and interests throughout the legal process.

Get Advice Today

The earlier you obtain an assault lawyer for your professional workplace or your personal life, the better positioned you are to protect your rights and build a strong defence. Contact Smith Cambridge today for a free consultation. 

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