Assault Occasioning Bodily Harm Lawyers QLD – Brisbane

Assault Occasioning Bodily Harm; Assault Lawyers and Police Assault Lawyers in Brisbane QLD

The charge of assault occasioning bodily harm in QLD asserts that one person has unlawfully assaulted another and caused an injury, but that that injury does not amount to grievous bodily harm nor constitute a serious assault. The maximum penalty for assault occasioning bodily harm in QLD is seven years imprisonment, although other penalties such as fines may also be imposed. Common penalties include imprisonment, intensive corrections orders, probation, community service orders, and fines, among other possible penalties. When charged with this offence, you are at risk of having a criminal conviction recorded against your name. However, this is sometimes preventable, and that’s why it’s essential that you retain an assault lawyer in Brisbane to represent you.

Per the Queensland Criminal Code, “any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for seven years.” If the offence occurs in a public place while the person committing the assault is adversely affected by an intoxicating substance (such as alcohol or drugs), then it becomes a circumstance of aggravation. Possible actions that might constitute this offence include using force against another (pushing or striking another person, for instance) in a way that causes injury; even slapping another person on the face might lead to being charged with assault occasioning bodily harm if it causes an injury such as swelling or bruising.

What Must the Police Prove?

For you to be convicted, the prosecution must prove several things beyond a reasonable doubt. They must prove that you touched, struck, or used force against another person; that you did so recklessly or intentionally; that you did so without lawful excuse or consent; and that your action caused bodily harm to the other person (with that harm being less than permanent damage).

Possible Defences to Discuss with Your Assault Lawyer in Brisbane

If you are charged with assault occasioning bodily harm by police, assault lawyers in Brisbane can help you form an effective defence. Possibilities include self-defence, defence of property, defence of another person, intoxication, provocation, accident, compulsion, extraordinary emergency, or prevention of violence or other crime.

Types of Penalties

The most serious penalty for this offence is imprisonment. An intensive corrections order (ICO) is a form of imprisonment served in the community. Probation orders mean that all or part of the sentence of imprisonment is served as probation. Community service refers to an order that requires a person to perform a stated number of hours’ worth of unpaid work in the community. If a person receives a fine, then he or she must pay a sum of money to the State.

It’s also possible that the court might choose not to record a conviction against the charged person at all, but rather their criminal record will remain clear, to avoid most complications regarding travel and work. The best chance of achieving this outcome is with a solid defence put forth by an experienced lawyer. Contact Robertson O’Gorman Solicitors for advice.