Assault Charges Lawyer
Cairns & Far North Queensland
You have been charged with an assault offence. You may have been arrested, spent a night in the watch-house, and released on bail conditions you do not fully understand. You are thinking about whether you will go to jail, whether this will follow you for the rest of your life, and whether the other person's version of what happened is the only version that matters. It is not. What happens next depends on the charge, the evidence, and how the matter is prepared.
How Serious Is Your Charge?
The answer depends on exactly what you have been charged with — and the gap between the least serious and the most serious assault charges is enormous. Common assault under section 335 of the Criminal Code (Qld) is the most frequently charged assault offence in the Cairns Magistrates Court. It covers everything from pushing and slapping through to punching, where no injury results. Maximum penalty: 3 years. For a first offence without aggravation, the realistic range is a fine, a good behaviour bond, or probation — not imprisonment. A no-conviction outcome is available in appropriate circumstances. Assault occasioning bodily harm (AOBH) under section 339 is charged where the assault causes injury — and the threshold is low. Bruising, swelling, a split lip — all qualify. Maximum penalty: 7 years on indictment, but most AOBH matters are dealt with in the Magistrates Court where the maximum is 3 years. The range of outcomes is wider here, and more dependent on the circumstances. Where the injury is marginal, Sacha negotiates with the prosecution to reduce the charge to common assault — because the charge you are sentenced on is the single biggest factor in the outcome. Serious assault under section 340 is a distinct offence charged where the victim is a police officer, emergency worker, or person over 60. Maximum penalty: 7 years, or 14 years in aggravated circumstances. More serious charges — wounding, grievous bodily harm, choking in a domestic setting — may be committed to the District Court. Sacha will tell you at the first consultation — honestly — where your charge sits, what the realistic range of outcomes looks like, and what can be done to move you toward the better end of that range.
What Can Be Done
Your Charge Is Not the End of the Story The outcome of an assault matter is not determined the moment you are charged. Between now and your sentencing hearing, there is a window — and what happens in that window materially affects the result. If the charge can be reduced: Where bodily harm is marginal or disputed, a reduction from AOBH to common assault may be negotiated with the prosecution before the hearing. A reduction changes the maximum penalty, the sentencing range, and the seriousness with which the court treats the matter. Sacha assesses every case for charge negotiation. If the charge can be defended: Not every assault charge results in a guilty plea. Self-defence under sections 271–272 of the Criminal Code is a complete defence — if established, you are acquitted. Provocation under sections 268–269 is also a complete defence in Queensland when all elements are made out. Whether a defence is viable depends on the evidence — the QP9, the body-worn camera footage, any CCTV, and witness statements. Sacha reviews all of it and advises at the first consultation whether a defence is worth pursuing. If a guilty plea is the right course: The court does not treat assault like a non-violent offence — the principle that imprisonment should be a last resort does not apply. But the outcome depends heavily on what is placed before the court: the sentencing submissions, the supporting material, any steps you have taken since the offence, and the factual basis on which the plea proceeds. Preparation is not a formality. It is the difference between the top and the bottom of the sentencing range. If the charge is DV-flagged, there are additional consequences at sentencing — see DV Assault Charges for a detailed breakdown of what changes.
Frequently Asked Questions
Will I get a criminal record?
If you are convicted, yes — a conviction creates a permanent criminal record. For a first offence of common assault, a no-conviction outcome under section 12 of the Penalties and Sentences Act 1992 (Qld) is available in appropriate circumstances. For AOBH, a no-conviction outcome is more difficult but not impossible. Sacha will give you an honest assessment at the first consultation.
Will I go to jail?
For a first-offence common assault without aggravation, imprisonment is unlikely — the typical range is a fine, a good behaviour bond, or probation. For AOBH or repeat offending, the range is wider and imprisonment becomes a real possibility. The sentencing framework for violent offences does not treat imprisonment as a last resort — but the outcome is not predetermined, and how the matter is prepared matters.
What is the difference between common assault and AOBH?
Common assault (section 335) covers assaults where no injury is caused. AOBH (section 339) applies where the assault causes bodily harm — and the threshold is low. Bruising, swelling, and lacerations all qualify. The same incident can be charged as either, depending on how the prosecution characterises the injury. Where the injury is marginal, a charge reduction from AOBH to common assault may be negotiated.
What if it was self-defence?
Self-defence under sections 271–272 of the Criminal Code (Qld) is a complete defence — if established, you are acquitted. But it requires both a genuine belief that the force was necessary and that the response was reasonable in the circumstances. Sacha will assess the evidence and advise on whether a self-defence argument is viable.
What if the assault was in a domestic violence context?
A DV-flagged assault charge carries additional consequences — the offence is entered on your criminal history as a domestic violence offence even if no conviction is recorded. You may also be dealing with a DVO application. See DV Assault Charges for a detailed breakdown of what changes when the DV flag applies.
What if I was intoxicated in a public place?
If the assault occurred in a public place while you were adversely affected by an intoxicating substance, the court must impose a community service order under section 108B of the Penalties and Sentences Act 1992 (Qld). A fine alone is not available — the court has no discretion on this point.
What if I want to defend the charge?
If there are genuine grounds to defend a criminal charge or contest a DVO application, Sacha will assess the evidence and advise whether a defence is viable — and whether the strength of the evidence justifies the cost and risk.
Fixed Fees
- Common Assault (s 335) — $2,100
- AOBH / Serious Assault — $4,800
- Contesting a Charge — Summary Hearing — $5,500
- District Court Plea — $12,000