Experienced Assault & Violence Lawyer
If you have been charged with an assault or violence-related offence, it is crucial to seek expert legal advice immediately. George Pharmacis has extensive experience in criminal law and a strong track record in Queensland courts. He provides robust representation and clear guidance to clients across Brisbane, the Gold Coast, and throughout Queensland, helping them navigate complex legal matters and achieve the best possible outcomes.
Understanding Assault & Violence Offences in Queensland
Assault and violent behaviour are taken seriously under Queensland law. Generally, assault involves intentionally causing harm, offensive contact, or the threat of harm to another person without consent.
Under Section 245 of the Criminal Code Act 1899, assault includes striking, touching, moving, or applying any force to another person, either directly or using an object or substance that may cause injury or discomfort. Assault charges carry serious penalties, making prompt legal guidance essential.
Common Defences to Assault Charges
Being accused of assault does not automatically result in a conviction. An experienced criminal lawyer can help assess your situation and advise on potential defences, including:
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Self-Defence: Using reasonable force to protect yourself or others.
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Provocation: Acting impulsively in response to a wrongful act or insult.
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Consent: In limited circumstances, consent can be a valid defence.
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Mistaken Identity: The prosecution cannot prove you were the offender.
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Accident: Injury was unintentional and unforeseeable.
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Mistake of Fact: Acting under an honest and reasonable belief about a situation.
Types of Assault Offences
Common Assault
Common assault includes minor acts of violence or threats, such as slapping, punching, or spitting. It does not require actual injury and carries a maximum penalty of 3 years imprisonment in Queensland.
Assault Occasioning Bodily Harm (AOBH)
AOBH occurs when an assault results in bodily harm, which can include bruising, scratches, or swelling. Defined under Section 339 of the Criminal Code, this offence carries a maximum penalty of 7 years imprisonment, which can increase with aggravating factors such as:
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Use of a weapon or pretending to be armed
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Acting with others
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Targeting a vulnerable person, e.g., a child or someone with a disability
Courts consider factors like the severity of injury, criminal history, timing of a guilty plea, remorse, and context of the offence when determining sentencing.
Defences for AOBH may include self-defence, provocation, consent, accident, mistake of fact, or mistaken identity.
Court Process: AOBH is a serious indictable offence. Cases typically start in the Magistrates Court and may progress to the District Court depending on the severity of the injuries and circumstances.
Serious Assault
Serious assault includes factors that make a common assault more severe, such as:
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Victims over 60 years old
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Victims relying on disability aids or assistance devices
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Assaults against police officers, nurses, or other public officers
Penalties range up to 7 years imprisonment, increasing to 14 years if a weapon is used.
Sexual Assault
Sexual assault involves unwanted sexual contact or acts against a person without consent, including indecent acts or forced sexual activity. Penalties can range from 10 to 14 years imprisonment, depending on severity.
Grievous Bodily Harm (GBH)
GBH involves serious injury, permanent damage, or disfigurement. This indictable offence carries a maximum penalty of 14 years imprisonment. Examples include:
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Loss of a body part or organ
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Serious disfigurement
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Injuries likely to endanger life
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Permanent injury to health
Assaulting or Obstructing a Police Officer
In Queensland, it is an offence to assault or obstruct a police officer performing lawful duties (Section 790, Police Powers and Responsibilities Act 2000). Charges can carry fines, criminal records, and reputational consequences.
What Constitutes Assault
Assault includes:
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Striking, touching, or moving a police officer
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Spitting at a police officer
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Threatening or aggressive gestures
Note: Reasonable force can be used to resist an unlawful arrest.
What Constitutes Obstruction
Obstruction occurs when you hinder or resist a police officer in their duties. Examples include:
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Interfering with someone else’s arrest
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Running from police
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Preventing lawful entry
The obstruction must significantly hinder the officer’s duties.
Penalties
Assaulting or obstructing police is usually a summary offence:
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Fines: Up to $1,373.80 (standard), $2,747.60 (near licensed premises)
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Imprisonment: Up to 6 months, or 12 months near licensed premises
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Community-based orders: Possible depending on circumstances
A criminal lawyer may negotiate the charge to a lesser offence, such as contravening a police direction.
Defences
Possible defences include:
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Self-defence or defence of another person
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Duress or necessity
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Officer not acting in official capacity
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Mistaken identity
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Trivial assault
Court Process
These charges are generally heard in the Magistrates Court. More serious assaults against police may be escalated to the District Court, with penalties of up to 7 years imprisonment.
Why Choose George Pharmacis?
George Pharmacis is an experienced criminal lawyer with a proven track record representing clients across Queensland. He provides:
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Early Case Review: Assessing prosecution evidence to identify weaknesses
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Strategic Advice: Guidance on negotiation, plea options, or trial preparation
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Court Representation: Acting in Magistrates, District, and Supreme Courts
Facing assault or violence charges can be overwhelming. Prompt legal advice is crucial to protect your rights and secure the best outcome.
Contact George Pharmacis today for expert advice and representation for all assault and violence offences.
