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Top Lawyers On The Sunshine Coast for Assault Charges
If you are charged with assault, it is important to have an experienced lawyer by your side. Assault is a crime against the person, so it is considered a serious offence under Queensland law.
Defined as ‘actual forceful contact with another person or threatened forceful contact’, Chapter 30 of the Criminal Code includes the following types of assault and associated penalties:
Common assault
Common assault relates to incidents involving threats or minor injuries.
This is upgraded to aggravated assault if the offender is affected by drugs or alcohol in a public place at the time of the incident. The penalty for common assault includes up to three years in prison; aggravated assault penalties can include an additional community service order.
Assault occasioning bodily harm
These charges are laid when an incident involves more serious injuries that are deemed to ‘interfere with health or comfort’.
The maximum penalty here is seven years imprisonment, however this can increase if the offence is deemed more serious. This may be the case if a weapon (or the pretence of a weapon) was involved or if the offence was carried out with one or more other people.
Serious assault
Charges of serious assault may be brought if there are complicating factors such as resisting arrest or intention to commit another crime.
In these cases, the maximum penalty is seven years imprisonment but this can be raised to up to 14 years if the complicating factors involve biting, spitting (or using any bodily fluids) or assaulting a police officer.
Sexual assault
Any unwanted sexual or indecent act on another person is classified as sexual assault.
It can result in up to ten years in prison, with the possibility of increasing to 14 years depending upon the details and nature of the offence.
These matters would generally be heard in a district Court or Magistrates’ Court.
In order to convict you of one of these offences, the prosecution will need to prove:
- That you struck, touched or applied force to the alleged victim, or threatened them with immediate violence in a way that made them think that you were capable of, and intended to, carry out that threat
- That you did so intentionally and recklessly
- That you did so without consent
- That you did so without lawful justification.
Your Experienced Lawyer for Assault Charges
If you find yourself facing assault charges, you need an experienced, skilled lawyer on your case.
At Smith Criminal Law we have built our reputation on our ability to fight tenaciously for our clients. We make it our mission is to ensure that your rights are protected and that you attain a just, fair outcome in your case.
In assault cases, common defences include Provocation and Self-defence. Provocation relates to being able to prove that you were provoked to the point of losing self-control. A Self Defence argument shows the Court that the force used was reasonable and necessary to defend against an assault (and that the force used was not intended or likely to cause death or grievous bodily harm).
The skilled lawyers from Smith Criminal Law can advise you as to whether these (or other) defences may be applied to your case.
At Smith Criminal Law we have years of experience supporting clients facing criminal charges within the Queensland legal system, and we represent clients in all courts across the state. We will examine the details of your case and provide you with expert legal advice on how to proceed.
We know how overwhelming it can be to find yourself in need of a lawyer for assault charges.
You can turn to Smith Criminal Law for expert legal advice and representation every step of the way.