Assault Charges

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Do you need a defence lawyer for a criminal law matter? Look no further!

If you have been charged with assault, you are wise to seek legal advice from our experienced defence solicitor.

Greenhalgh Pickard provides professional, expert advice and assistance relating to assault charges

When you choose to put your trust in Greenhalgh Pickard you can rest assured that expert lawyers will address your matter with the utmost professionalism and confidentiality in order to achieve the best results for you.

Greenhalgh Pickard’s experienced criminal law solicitors – Shane Ulyatt, Lachlan Cramb and Stefanie Batey – all offer easy-to-understand, thorough advice you can count on.

You will also benefit from Greenhalgh Pickard’s transparent fixed-or-capped fee structure, meaning you will know exactly how much you will spend from the start.

Definition of Assault

You can be charged with assault if you strike, touch, move or otherwise apply force of any kind to another person, directly or indirectly, without the other person’s consent. This also includes where there is threat to apply force of any kind to another person.

An application of force includes applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.

 

Common assault
You may be charged with common assault where the person assaulted has sustained minor injuries or threatened to assault someone. This offence carries a penalty of 3 years imprisonment.

 

Assault occasioning bodily harm
You may be charged with assault occasioning bodily harm where the person assaulted has sustained more serious injuries, causing ‘actual bodily harm’. Bodily harm is defined as any bodily injury which interferes with health or comfort. The penalty for this offence, is 7 years imprisonment and is dealt with by the Magistrates Court or District Court. 

If you pretend to be armed with any dangerous or offensive weapon or instrument or in company with 1 or more other person(s) the penalty is 10 years imprisonment. 

 

Serious assault carries a penalty of 7 years imprisonment for the below occurrences:

  • assault someone with an intention of committing another crime. 
  • resist arrest or detention, or that of someone else, by police
  • assault, resist, or wilfully obstruct a police officer
  • assault a person while they are performing a legal duty (corrective service officer, public officer)
  • assault a person in order to commit an unlawful conspiracy
  • assault any person who is 60 years or more
  • any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device.

However, this penalty may be raised to 14 years imprisonment if you bite, spit, or in any way apply bodily fluid or faeces to a police officer.

 

Aggravated assault
If you have a weapon, or were affected by drugs or alcohol in a public place you may be charged with aggravated assault.

 

WHAT MUST BE PROVED?
To be convicted of assault, the prosecution must prove the elements of assault, beyond reasonable doubt.

POSSIBLE DEFENCES?

  • Self-defence
  • Accident
  • Extraordinary emergency
  • Provocation

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Greenhalgh Pickard Solicitors and Accountants is an innovative, full service, Queensland legal and accounting firm with 3 convenient law offices on the Sunshine Coast. Our clients predominantly live and work on the Sunshine Coast, but we’ve many clients also located throughout Queensland, interstate and even overseas.

With accounting and law firm offices in Caloundra, Kawana and Coolum Beach, Greenhalgh Pickard Solicitors and Accountants takes pride in being trusted legal guides and financial business accountant advisers to clients everywhere.

If you need assistance with a traffic offence, such as Drink Driving or Drug Driving, we offer a FREE 15 minute phone consult to assist you. We are also experts in the area of Drug Offences, Assault (excl. personal injury), Weapons Act offences, Sexual offences, Fraud, Domestic Violence, Stealing, Corporate Crime and Murder & Manslaughter. Contact us today on 5444 1022 for immediate, professional advice and assistance relating to traffic and criminal law matters.

 

 

 

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