Assault Lawyer Cairns — Fixed Fee
$2,100 — Fixed Fee
Fixed fees: Common assault plea — Cairns Magistrates Court — $2,100 fixed Assault occasioning bodily harm (AOBH) plea — Cairns Magistrates Court — $4,800 fixed Covers : initial consultation, review of the prosecution brief, sentencing submissions, character reference guidance, court appearance, and post-sentence advice. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review your charge, the prosecution brief, and the circumstances of the alleged offence Honest advice on the likely penalty range and the realistic outcomes for your specific charge Review of any CCTV, body-worn camera footage, or witness statements in the brief Preparation of written sentencing submissions tailored to your circumstances Guidance on character references and any supporting material Full appearance by Sacha at your sentencing hearing Post-sentence advice on any conviction recorded, probation conditions, or licence consequences
Common Assault and AOBH — What You Are Facing
Assault charges in Queensland are graded by the nature of the conduct and the degree of injury. The charge you face determines the court, the maximum penalty, and the realistic sentencing range. Common assault under section 335 of the Criminal Code Act 1899 (Qld) covers physical contact or the threat of it without consent. It does not require injury. Common assault is a summary offence dealt with in the Magistrates Court. The maximum penalty is 3 years' imprisonment, though most first-offence matters do not result in imprisonment. Outcomes range from a fine or community service at the lower end, to probation or a suspended sentence for more serious conduct or repeat offending. Assault occasioning bodily harm (AOBH) under section 339 of the Criminal Code Act 1899 (Qld) requires that the assault caused bodily harm — a physical injury beyond transient pain. The maximum penalty is 7 years' imprisonment, increasing to 10 years where the offence is committed with a weapon or in company. AOBH is an indictable offence that can be dealt with summarily in the Magistrates Court or on indictment in the District Court — the prosecution elects. The Magistrates Court's sentencing jurisdiction caps at 3 years regardless of the charge, but the statutory maximum is 7 years. Both offences are serious. Both can result in a conviction being recorded, which affects employment, professional registration, and the ability to travel internationally.
What Changes the Outcome
Assault charges span a wide sentencing range. The factors that determine where your matter sits within that range are the same ones Sacha works with. The nature and extent of any injury. For common assault, injury is not required — the conduct itself is the offence. For AOBH, the court will consider the degree of injury caused. Minor injuries at the lower end of the range are treated differently from fractures or injuries requiring medical treatment. The circumstances of the offence. A single push in a heated argument is not the same as a sustained attack. The context — including provocation, intoxication, and whether a weapon was involved — shapes the court's assessment of seriousness. Sacha addresses the full context of the incident in sentencing submissions, not just the bare facts of the charge. Your criminal history. A first offence for a person with no prior record is treated differently from a repeat offence. If your history includes prior assault matters or breaches of bail or probation conditions, Sacha will address those directly and work with whatever else is in your favour. Your personal circumstances. Employment, family responsibilities, mental health, and steps taken since the charge — counselling, anger management, rehabilitation — are all relevant to sentence. Magistrates sentence the person in front of them, not just the offence. Sacha prepares submissions that bring this material before the court. Whether a conviction should be recorded. The Magistrates Court has discretion under the Penalties and Sentences Act 1992 (Qld) to deal with a matter without recording a conviction in appropriate circumstances. For a first-offence common assault with genuine mitigating factors, this is a realistic outcome. It is less available for AOBH and less available again where there is a prior history. Sacha will advise honestly on whether it is achievable in your case.
What Sacha Focuses On
The brief is reviewed in full before any submissions are prepared. Where there are issues with the prosecution's evidence — reliability of witnesses, CCTV that tells a different story, questions of self-defence or provocation — Sacha identifies them early and advise on whether a defended hearing is worth considering. Most matters resolve by plea, but the decision to plead is made with full knowledge of what the evidence actually shows. For plea matters, Sacha prepares written sentencing submissions that address your specific circumstances. The difference between a conviction recorded and none, or between a fine and a probation order, comes down to the quality of what is placed before the court.
FREQUENTLY ASKED QUESTIONS
Will I get a criminal record? The Magistrates Court has discretion to deal with a matter without recording a conviction in appropriate circumstances. For a first-offence common assault, it is a genuine possibility with the right submissions. For AOBH, it is less common but not impossible for a first offence with strong mitigating factors. Sacha will tell you honestly whether it is realistic in your case. Can the charge be withdrawn? In some cases, representations to the prosecution following review of the evidence result in charges being withdrawn or reduced. This depends on the strength of the evidence, the nature of the alleged conduct, and the prosecution's assessment of the public interest. Sacha will advise whether representations are worth making in your matter. What if the other person doesn't want to proceed? The prosecution — not the complainant — decides whether the charge proceeds. The complainant's position is a factor the prosecution considers, but it is not determinative. Charges can and do proceed over the objection of the person who made the complaint. Do not assume that a complainant withdrawing their support will end the matter. Does an assault charge affect my job? Depending on your employment, a conviction for assault can affect your position, professional registration, working with children checks, security licences, and the ability to travel to certain countries. Sacha will advise on the likely consequences for your specific situation at the first consultation. What if I acted in self-defence? Self-defence is a complete defence to an assault charge in Queensland. If you genuinely believed force was necessary to defend yourself and used only as much force as was reasonably necessary in the circumstances, the defence is available. Whether it applies depends on the evidence. Sacha will assess the brief and advise on whether self-defence is a realistic argument in your case. What is the difference between common assault and AOBH? Common assault does not require injury — the unlawful physical contact or threat is the offence. AOBH requires that the assault caused bodily harm. If you are charged with AOBH but the injury is minor or contested, there may be scope to seek amendment of the charge to common assault. Sacha will advise on whether that is appropriate in your matter.