CHARGED WITH ASSAULT. NOW WHAT?

ASSAULT CHARGE LAWYERS

You’ve been charged with assault in Brisbane, Gold Coast, or elsewhere in Queensland. Maybe it was a pub altercation, a domestic dispute, or a confrontation that spiraled out of control. The police version of events doesn’t match what actually happened, but you’re the one facing criminal charges that could destroy your life.

Here’s the brutal truth: Queensland assault laws under the Criminal Code Act 1899 (Qld) are unforgiving. Even pushing someone in anger can result in criminal convictions, imprisonment, and a permanent record that follows you forever—destroying employment prospects, visa applications, professional registrations, and your reputation.

But assault charges are not convictions. With aggressive, strategic legal defence from the moment charges are laid, many assault allegations result in acquittals, withdrawn charges, or non-conviction outcomes that protect your future.

Hannay Lawyers have successfully defended hundreds of assault charges across Brisbane Magistrates Court, Southport Magistrates Court, Brisbane District Court, and throughout Queensland.

Every hour you wait gives police and prosecutors more time to build their case against you.

Understanding Queensland Assault Laws: What You’re Really Facing

Queensland’s assault laws under Chapter 28 of the Criminal Code Act 1899 (Qld) are dangerously broad. What you consider a minor scuffle or justified self-defence, the law treats as serious criminal offending. Understanding the exact charges you face is critical to mounting an effective defence.

Common Assault (Section 335 Criminal Code Act 1899 Qld)

Any unlawful application of force to another person—including even the slightest touch in anger—or threatening someone in a way that makes them fear immediate violence.

Real-world examples:

Pushing someone during an argument
Throwing a drink at someone
Grabbing someone’s arm aggressively
Threatening gestures that cause fear of immediate harm

The trap: You don’t need to cause injury. Simply touching someone without consent in anger qualifies as common assault. Even spitting on someone triggers this charge.

Common defences:

Self-defence or defence of another person
Accident (no intent to apply force)
Consent (e.g., contact sports, consensual physical activity)
Mistaken identity

Assault Occasioning Bodily Harm (Section 339 Criminal Code Act 1899 Qld)

Assault that causes any injury interfering with health or comfort, including bruising, cuts, swelling, or temporary pain.

Real-world examples:

Punching someone causing bruising or swelling
Pushing someone who falls and sustains cuts or scrapes
Bar fights resulting in black eyes or split lips
Any assault causing visible marks or injuries

The definition trap: “Bodily harm” is interpreted extremely broadly in Queensland. Even temporary pain, redness, or minor swelling qualifies. Prosecutors aggressively pursue these charges because they’re easy to prove with photographs of injuries.

Serious Assault (Section 340 Criminal Code Act 1899 Qld)

Assault on protected classes including police officers, emergency workers, corrective services officers, public officers performing duties, persons over 60 years old, or persons with disabilities.

Critical warning: This is where assault charges become catastrophic. If you’re accused of assaulting a police officer during arrest—even if you were simply resisting or accidentally made contact—you face up to 14 years imprisonment.

High-risk scenarios:

Any physical contact with police during arrest, including pulling away or defensive movements
Spitting on or biting police officers or emergency workers
Assaulting ambulance officers, firefighters, or hospital staff
Assaulting elderly persons or people with disabilities

Why these charges are dangerous: Courts show no leniency. Prosecutors pursue maximum penalties. Judges impose actual imprisonment even for first-time offenders.

Wounding (Section 323 Criminal Code Act 1899 Qld)

Unlawfully wounding another person—defined as breaking the skin and causing bleeding.

Examples:

Bottle or glass injuries in pub fights
Knife or sharp object incidents
Any assault causing cuts that bleed

Even a small cut from broken glass qualifies. Prosecutors charge wounding aggressively because it’s easy to prove with medical evidence and photographs.

Grievous Bodily Harm (Section 320 Criminal Code Act 1899 Qld)

Unlawfully causing grievous bodily harm—defined as loss of a distinct part or organ of the body, serious disfigurement, any bodily injury of such a nature that if left untreated would endanger or be likely to endanger life, or would cause permanent injury to health.

Examples:

Broken bones requiring surgery
Knocked-out teeth
Fractured skulls or facial bones
Injuries requiring hospitalisation
Any injury endangering life if untreated

This is where assault charges become life-destroying. Grievous bodily harm charges almost always proceed to District Court trials. Convictions result in actual imprisonment—often lengthy sentences.

Domestic Violence Assault Charges

When assault occurs within a domestic relationship under the Domestic and Family Violence Protection Act 2012 (Qld)—including current or former partners, family members, or informal care relationships—consequences multiply:

Additional Penalties and Restrictions

Domestic violence orders (DVOs) prohibiting contact with complainants and restricting where you can live
Removal from your home even if you own the property
Impacts on Family Court proceedings affecting custody and parenting arrangements
Employment consequences for police officers, corrections officers, government employees, healthcare workers, security industry workers, and anyone requiring working with children checks
Firearms licence cancellation under Queensland weapons licensing laws
Visa implications for non-citizens, including visa cancellations and deportation

Police Charging Practices in Domestic Violence Matters

Queensland Police Service has mandatory charging policies for domestic violence incidents. Once called to a domestic dispute, police almost always lay charges—even if the complainant doesn’t want prosecution, even if injuries are minor or non-existent.

This creates unique defence challenges:

Complainants often want charges dropped but lack power to do so
Police bodyworn camera footage captures highly emotional scenes that look worse than reality
Prosecutors pursue convictions regardless of complainant wishes
Courts impose harsh penalties to “send a message” about domestic violence

Why Choose Hannay Lawyers for Assault Defence in Brisbane and Gold Coast

Hundreds of assault charges defended across all Queensland courts
Not guilty verdicts in serious assault trials including grievous bodily harm and serious assault on police
Charge withdrawals negotiated before trial in dozens of matters
Non-conviction outcomes for first-time offenders preserving clean records
Successful appeals overturning wrongful convictions

Strategic Early Intervention

We don’t wait for court. From the moment you’re charged:

24/7 availability for urgent legal advice
Immediate bail applications securing your release from custody
Police interview representation protecting your rights during investigations
Evidence preservation securing CCTV and witness statements before they disappear

Aggressive Court Advocacy

Fearless cross-examination destroying unreliable prosecution witnesses
Comprehensive trial preparation leaving nothing to chance
Expert witness coordination for medical, forensic, and technical evidence
Persuasive jury addresses in District Court trials

Local Court Knowledge

We appear daily in:

Brisbane Magistrates Court (George Street and Holland Park)
Brisbane District Court
Southport Magistrates Court
Gold Coast District Court (Southport)
Beenleigh, Ipswich, Caboolture, and all Queensland courts

We know the magistrates, judges, and prosecutors. We know how each court operates. This local knowledge delivers better results.

The Cost of Delaying Legal Representation

Every day without proper legal representation works against you:

Evidence disappears: CCTV footage is deleted, witnesses forget details, injuries heal without documentation
Police investigations continue: Building stronger cases with additional witnesses and evidence
Bail conditions tighten: Making it harder to prepare your defence
Stress multiplies: Uncertainty and fear about court destroy your mental health and relationships

Early intervention by Hannay Lawyers has resulted in:

Charges withdrawn before first court appearance (saving months of stress and thousands in legal costs)
Bail granted immediately where police opposed release
Key evidence secured that later proved innocence
Witnesses located who confirmed self-defence versions

Assault Charge Lawyers