Assault doesn’t mean just hitting someone, you can be charged with assault just by touching, pushing, moving or applying force to someone of any kind without their consent. Even mental harm can be classed as an assault.

Varying types of assault have different penalties and are treated really seriously by the courts in Queensland. You may legitimately claim you acted in self-defence and without proper representation, it can be hard to prove you acted in the way you claimed. A skilled criminal lawyer will investigate all variables and be able to help piece together your claims.

What is Assault?

Alongside causing actual body harm, assault can mean causing mental harm to someone preventing them to live their normal daily life.

  • Common assault. This may result from a person being threatened or receiving minor injuries as the result of a confrontation.
  • Assault causing bodily harm. This means a person suffers injuries from an attack that actually interferes with their daily life.
  • Unlawful wounding and grievous bodily harm. This results in a person receiving a wound that penetrates the skin, could cause disfigurement and could endanger life if left untreated.
  • Sexual assault.
  • Rape
  • Stalking

Acting in Self Defence

Having a self-defence plea believed will depend on the amount of force proven to be used during the act of assault. If you’re unable to prove your claim of self-defence, you’ll risk being convicted even if you were severely threatened. These complex issues need to be investigated by a skilled criminal lawyer who can help to prove your side of the story.

Self defence is deemed appropriate in the eyes of the law if;

  • You feel your life is threatened and feel it necessary to defend yourself or another person
  • You need to prevent the unlawful imprisonment of yourself or others
  • You have to protect your property from unlawful destruction, damage or interference
  • You have to prevent criminal trespass to land or premises

Penalties for Assault

The more serious the assault and injury to the victim, the more tough a penalty that may be imposed. The maximum penalty for common assault is 7 years but if there is aggravation in the assault, this can rise to up to 10 years. Grievous bodily harm is one of the most serious forms of assault and you could face up to 14 years in prison.

If you’ve been charged with assault, contact the skilled team at Emerson Criminal Law on 07 3211 4920 to talk about your case.