In Queensland, there are three types of assault charges:
- Common Assault
- Assault occasioning bodily harm
- Serious Assault
This article focuses on the second type of assault charge in Queensland, Aggravated/Serious Assault.
For more information about Common Assault, visit What is Common Assault?
Aggravated or Serious Assault
Under the Queensland Criminal Code, aggravated or serious assault is a crime.
If you are found guilty of this crime under s339 of the Criminal Code, you can face up to 14 years imprisonment.
An aggravated or serious assault charge is usually made in addition to another crime, and it is essential that you get detailed advice from a good Criminal Defence Lawyer if you face any serious assault charge.
Assault Occasioning Bodily Harm
When will you be found guilty of aggravated assault occasioning bodily harm?
For you to be guilty of this charge, the victim must have received an injury which interfered with their health or comfort.
What kind of injury must occur?
There must be a lasting effect and/or continuing pain from an injury for the bodily harm to be a legitimate element of the assault charge.
Assault with Weapons and/or Company
What if you are armed with a dangerous weapon?
Under s339(3) of the Code, you may be liable for 10 years of imprisonment if:
- You are armed with, or Pretend to be armed with, any dangerous or offensive weapon or instrument and commit an assault, or
- Are in company with 1 or more other person or persons and commit an assault.
Assaults on Police
What if I assault a police officer?
Under s340(2AA) of the Criminal Code, a person can face up to 7 years imprisonment if they:
- Assault a Police Officer
- Resist the directions of a Police Officer
- Willfully obstruct a Police Officer in their duties
Behaviour that falls within this definition includes biting, spitting, and throwing bodily fluids or faeces.
What if you didn’t know they were a police officer?
Generally, it is not a defence that you did not know the person was a police officer.
For more information about defences to assault charges, visit Defences to Assault.
Other Aggravated and Serious Assaults
The following acts fall under aggravated or serious assault:
- Assault with intent to commit rape;
- Indecent assault;
- Assault in interference with trade or work;
- Assault with intent to steal, including that accompanied by violence;
- Assaulting another with the intent to commit a crime, or to prevent lawful arrest;
- Assaulting someone who is lawfully undertaking a process against any property; and
- Assaulting someone aged 60 years or more, or someone relying on a guide dog, wheelchair or remedial device.
Charged with Assault and need legal advice? Contact our Brisbane Criminal Defence Lawyers
It is important that you obtain legal advice as soon as possible if you or anyone you know has been charged with assault.
To speak to one of our Criminal Defence Lawyers, call us on (07) 3252 0011 or you can book a FREE 30-minute initial consultation.
This article was written by Prini Avia.