Assault offences that we provide defence representation for
Put your worries to rest knowing you are defended by Donnelly Law Group – expert assault lawyers with 50+ years of combined experience fighting violence charges in Queensland.
On a daily basis, we help people achieve the best possible outcome in a range of assault matters. Regardless of whether you are charged with common assault, serious assault, wounding, grievous bodily harm or any other assault crime, we have experience defending your case.
Our assault lawyers across Brisbane & the Gold Coast have built a proven track record by combining personal support with criminal defence. We get to know you personally so that we can provide advice on the practical steps you need to take for a winning chance in court. This relationship also gives us the insight we need to tailor your personalised defence strategy – one that takes full advantage of your case’s unique evidence and mitigating factors for the best possible result.
Grievous bodily harm (GBH)
Grievous bodily harm is a charge relating to a serious injury. It can be charged when a person (the alleged victim) loses a part of their body, loses an organ or is seriously disfigured. It can also happen if an injury is caused that, if left untreated could endanger a persons life or permanently damage their health in some way.
Typical defence strategies for Grievous bodily harm charges (GBH) in Brisbane & Gold Coast
- Is there sufficient evidence to prove you committed the offence?
- Examine medical material to ensure it meets the definition of GBH.
- Examine whether you have any defences such as self-defence or provocation available to you.
Assault occasioning bodily harm (AOBH)
Assault occasioning bodily harm can be charged when a person (the alleged victim) is injured by another person and that injury interferes with their health or comfort. This injury can come about as a result of striking, touching, moving or applying force to the alleged victim.
Typical defence strategies for Actual Bodily Harm charges (AOBH) in Brisbane & Gold Coast
- Is there sufficient evidence to prove you committed the offence?
- Examine the injury to ensure it meets the requirements.
- Examine whether you have any defences such as self-defence or provocation available to you.
Common assault
Common assault can be charged when a person (the alleged victim) is injured by someone else through physical force without their consent or they are threatened with violence. This injury can come about as a result of striking, touching, moving or applying force to the alleged victim.
Typical defence strategies for common assault charges in Brisbane & Gold Coast
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of an assault.
- Examine whether you have any defences such as self-defence or provocation available to you
Serious assault
A serious assault is any assault that occurs in certain circumstances as to render it a serious assault. This commonly includes assaulting a police officer where that assault contains serious allegations of biting or spitting.
Typical defence strategies for serious assault charges in Brisbane & Gold Coast
- Self defence – you are allowed to use a reasonable amount of force to defend yourself.
- Compulsion – a person was obeying someone in authority, was attempting to avoid violence that someone else threatened or was attempting to protect their property.
- Extraordinary emergency – a person acted due to a sudden or extreme emergency where a reasonable person in their shoes would have done the same thing.
- Insanity – a person was affected by a mental disease or infirmity to the point that they were unable to understand what they were doing or control their actions.
- Intoxication – a person was involuntarily under the influence of alcohol or drugs and therefore considered temporarily insane.
- Involuntariness – a person was made to do something against their own free will or it was not done voluntarily.
Assaulting police officer
This offence can be charged when a person assaults a police officer while that police officer is doing their job. This injury can come about as a result of striking, touching, moving or applying force to the police officer.
Typical defence strategies for charges related to assaulting a police officer in Brisbane & Gold Coast
- Is there sufficient evidence to prove you committed the offence?
- Examine the conduct to ensure it meets the requirements of an assault.
- Was the police officer acting in the execution of their duties at the time they are alleged to have been assaulted?
- Examine whether you have any defences such as self-defence or provocation available to you
Assault of elderly
Assault of elderly is a charge known as Serious assault person over 60. It relates to assaulting a person over the age of 60. It can be charged when a person injures another person (the alleged victim) who is at least 60 years of age. This injury can come about as a result of striking, touching, moving or applying force.
Typical defence strategies for assault of elderly charges in Brisbane & Gold Coast
- Self defence – you are allowed to use a reasonable amount of force to defend yourself.
- Compulsion – a person was obeying someone in authority, was attempting to avoid violence that someone else threatened or was attempting to protect their property.
- Extraordinary emergency – a person acted due to a sudden or extreme emergency where a reasonable person in their shoes would have done the same thing.
- Insanity – a person was affected by a mental disease or infirmity to the point that they were unable to understand what they were doing or control their actions.
- Intoxication – a person was involuntarily under the influence of alcohol or drugs and therefore considered temporarily insane.
- Involuntariness – a person was made to do something against their own free will or it was not done voluntarily.
Reckless wounding
Recklessly wounding another is another term to describe a type of unlawful wounding. This is any injury which breaks the whole or the true skin.
Typical defence strategies for reckless wounding charges in Brisbane & Gold Coast
- Is there sufficient evidence to prove you committed the offence?
- Did the act of wounding break the whole or true skin?
Unlawful wounding
Unlawful wounding can be charged when a person (the alleged victim) wounds someone by breaking their skin (such as stabbing).
Typical defence strategies for unlawful wounding charges in Brisbane & Gold Coast
- Is there sufficient evidence to prove you committed the offence?
- Did the act of wounding break the whole or true skin?
Verbal threats & intimidation
A charge of Threats can arise where a person threatens to cause a detriment to another person with the intention to prevent or hinder that person from doing something they are entitled to do. It can also arise in circumstances where the threat is to compel the person to do any act they are entitled not to do. Finally, it can arise where the treat is made with the intent to cause public alarm or anxiety.
Typical defence strategies for verbal threats & intimidation charges in Brisbane & Gold Coast
- Can it be proved that the person charged made the threat?
- Was there in fact a threat?
- Was the threat sufficient to meet the requirements of a Threat as required by law?
Witness intimidation
Witness intimidation can be charged when a person threatens to injure or harm a witness in retaliation for their part in any proceedings.
Typical defence strategies for witness intimidation charges in Brisbane & Gold Coast
- Did the person charged cause or threaten to cause an injury or detriment to a witness because of anything the witness did, did not do or could lawfully do in a court proceeding?
Industrial manslaughter
Industrial manslaughter can be charged when a person’s negligent actions cause a worker to die while at work. This may also be the case when a worker later dies as a result of injuries that they sustained at work.
Typical defence strategies for industrial manslaughter charges in Brisbane & Gold Coast
- Was the rise foreseeable such that the employer should be held liable for the workplace risk?
Manslaughter
Manslaughter is a charge relating to a death. It can be charged when someone causes another persons death, but does not intend to do so.
Typical defence strategies for manslaughter charges in Brisbane & Gold Coast
- Self defence – you are allowed to use a reasonable amount of force to defend yourself.
- Compulsion – a person was obeying someone in authority, was attempting to avoid violence that someone else threatened or was attempting to protect their property.
- Extraordinary emergency – a person acted due to a sudden or extreme emergency where a reasonable person in their shoes would have done the same thing.
- Insanity – a person was affected by a mental disease or infirmity to the point that they were unable to understand what they were doing or control their actions.
- Intoxication – a person was involuntarily under the influence of alcohol or drugs and therefore considered temporarily insane.
- Involuntariness – a person was made to do something against their own free will or it was not done voluntarily.
Accessory to murder
Accessory to murder can be charged when someone helps another person (in hiding or assisting with anything) who has committed a murder.
Typical defence strategies for accessory to murder charges in Brisbane & Gold Coast
- Is there sufficient evidence to prove the person committed the act?
- Was the act done for the furtherance or concealment of the act of murder?
Attempted murder
Attempted murder can be charged when a person tries to intentionally kill another person.
Typical defence strategies for attempted murder charges in Brisbane & Gold Coast
- Can the prosecution prove the acts were an attempt to intentionally kill another person?
Strangulation & choking
Strangulation and choking can be charged when a person (the alleged victim) has their breathing interfered with by someone who they are in a domestic relationship with. This could mean that the person (the alleged victim) has their breathing stopped or has their neck grabbed without their consent.
Typical defence strategies for strangulation & choking charges in Brisbane & Gold Coast
- Was the breath actually restricted?
Affray
Affray can be charged when a person is involved in a fight in a public place and that fight causes alarm to people who are in the area that witness it.
Typical defence strategies for affray charges in Brisbane & Gold Coast
- Did the fight happen in public?
- Was the fight of such a nature as to alarm the public?
All other assault offences
The above outlined matters are a summary of assault charges we deal with on a daily basis. Our capabilities extend past what is discussed on this page and you should contact us to discuss your matter further for more personalised advice.
Why choose Donnelly Law Group?
Extensive experience handling assault cases across Brisbane, Gold Coast & Regional Queensland
We appear in courts across Queensland every day. Our experience in assault matters covers a wide range of charges from the Magistrates Court, District Court, Supreme Court and the Court of Appeal. We have seen it all and will work with you to achieve the best outcome possible on your assault charge.
Local expertise
With the benefit of a positive working relationship with local prosecutors, we leverage our reputation as formidable advocates to push your case forward.
Personalised approach for every criminal charge to help achieve the best outcome for our clients
We recognise representing a client for a criminal offence means that our lawyers consider you are not just the sum total of what Police say about you. There is a human aspect to every matter and we believe considering the person, their family and background is essential to understanding the best way to defend your matter in court. Our assault and unlawful violence lawyers take a personalised approach for every matter ensuring from the very start that your background shapes the basis of the work we do in establishing the best course of action.
Book An Appointment.
Our legal strategy for assault offences across Brisbane & Gold Coast (QLD)
Initial consultation
From the outset, we want to understand your version of events. What happened before, during, and after the alleged assault? Your perspective is crucial to shaping our approach.
Case assessment
We meticulously examine the prosecution’s evidence, assessing the credibility of witnesses and the validity of the allegations. Our aim is to determine whether the evidence truly supports the charges.
Developing a defence strategy
Drawing on the insights gained from your story and the prosecution’s materials, we formulate a strategic, evidence-based defence designed to achieve the best possible outcome for your matter.
Court representation
We appear in court as your committed advocate, fearlessly pursuing your interests. With skill, preparation, and determination, we ensure your defence is presented professionally, thoroughly, and with the utmost dedication.
- Were provoked by the complainant.
- Were acting in self-defence.
- Are worried about their reputation and public image.
- Are concerned about their career and family life.
- Are anxious about their criminal record as it can lead to complications when applying for jobs, travel visas, child adoption, legal aid and certain types of insurance.
Assault charge FAQs
What should I do if the police want to speak to me about an assault offence?
If the Queensland Police want to speak to you about an assault or violence-related offence, you only have to give them your name, date of birth and contact details. If they arrest you or serve you with a notice, you may also have to provide identifying particulars such as your fingerprints.
You have the right to remain silent. You do not have to answer any further questions from the police, make any statements or participate in a police interview.
Immediately contact Donnelly Law Group at the first opportunity. One of our lawyers or trained support staff will discuss your options and explain how to achieve the best possible outcome.
How much evidence is needed to charge someone of an assault offence in QLD?
Police need evidence that establishes beyond a reasonable doubt that the offence has been committed. This can be significant in many cases.
Do I need a lawyer for an assault charge?
Having defended and witnessed hundreds of assault matters in Queensland, it is apparent that defendants achieve the best possible outcome when they are represented by a lawyer who specialises in violence-related offences.
Our assault lawyers understand the legal defences and mitigating factors the court is looking for when deciding the outcome and sentence in your matter. We are experts at preparing your case and presenting these factors to the magistrate or judge so that you attain the best possible result.
People who do not engage the help of an assault lawyer often fail to identify potential defences or present mitigating factors to the court. These people frequently suffer heavier penalties as a consequence.
When should I contact an assault lawyer?
If you have been charged or suspect you are under investigation for assault, contact Donnelly Law Group today.
It’s crucial that you receive expert legal advice before speaking to the police.
The sooner you contact us, the sooner we can protect your legal interests, begin working on your case and help you achieve the best possible outcome.
Call Donnelly Law Group today and arrange your free initial consultation with one of our expert assault lawyers.
Will my assault lawyer represent me in court?
What legislation covers assault and violence related offences in Queensland?
What are the penalties for assault offences in Queensland?
In Queensland, many factors are considered by the court when sentencing someone for an assault or violence-related offence.
Most assault offences in Queensland carry a maximum penalty of imprisonment. There are also a number of aggravating factors that may increase the severity of the penalty.
Other potential penalties for assault offences in Queensland include a fine, community service order, probation or an intensive corrections order.
If you are found guilty of an assault offence, it will be recorded on your criminal history. However, it may be possible for an assault lawyer to argue that no criminal conviction should be recorded. Keeping a clean criminal record helps you avoid complications when applying for jobs, travel visas, child adoption, legal aid and certain types of insurance.
Contact Donnelly Law Group today so that we can discuss your charges and circumstances and explain the likely outcomes.
Are there any legal defences to assault charges?
Yes, there are legal defences available in assault matters in Queensland. Defences may include provocation, self-defence, accident, emergency and more.
Donnelly Law Group’s specialist assault lawyers will assess the evidence and circumstances in your case when determining whether any legal defences may apply.
What can I do if the complainant attacked or provoked me?
In Queensland, self-defence and provocation are legal defences to some assault and violence-related offences.
If your legal team can establish that you were acting in self-defence or provoked, the burden then falls on the prosecution to prove that this was not the case. In some matters, the police may even choose to discontinue charges against you during the negotiation stage.
Contact Donnelly Law Group today. Our specialist assault lawyers will assess the evidence in your case and determine whether any legal defences may apply.
How much does an assault lawyer cost?
A lot of people believe that they cannot afford to hire an assault lawyer. But at Donnelly Law Group, we ensure that our legal fees are affordable so that everyone can access high-quality legal representation in Queensland.
We will provide you with a fixed quote after your free initial consultation. A fixed fee ensures that you have total transparency over costs and won’t receive any surprising invoices.
Contact Donnelly Law Group today to book your free consultation and receive a fixed quote.
See our page on Legal Fees for more information on payment plans and options.
Can Donnelly Law Group help me if I live outside of Brisbane & The Gold Coast?
Donnelly Law Group regularly represents people living all over the Sunshine Coast and regional Queensland (including Toowoomba, Noosa, Maroochydore, Cairns, Townsville, Rainbow Beach, Mackay, Rockhampton, Bundaberg, Hervey Bay and more.)
We can hold meetings with our regional clients over the phone, via video conference or in person. Our lawyers travel to courts all over Queensland to represent locals in criminal, traffic, drink driving and domestic violence matters and bail applications.
It can be difficult to find high-quality legal representation in regional Queensland. Do not hesitate to contact Donnelly Law Group for the best possible outcome in your matter.
