ASSAULT OFFENCES
Assault occasioning bodily harm
If you have been charged with an offence of assault occasioning bodily harm, you might be concerned about the potential impact this charge could have on your life. We have dealt with many charges concerning assault occasioning bodily harm and recognise that each case is unique and that outcomes can vary.
01 / THE LAW
The offence and its penalties
Section 339 of the Criminal Code Act 1899 provides that 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 7 years. The liability is increased from 7 to 10 years if the person charged with the offence is or pretends to be armed with a dangerous or offensive weapon or instrument, and/or is in company with one or more other people. A maximum of 9 years applies where the offender publishes material on social media to advertise the offence.
Source: Criminal Code (Qld), s 339 (current as at 29 October 2026). Penalties and the law change from time to time, so please get advice about your own matter before relying on these figures.
02 / HOW SERIOUS
How serious is the charge?
If you have been recently charged with an offence concerning assault occasioning bodily harm, it may be important to discuss with your lawyer the options that are available to you. Ordinarily, this charge is likely to be the subject of summary proceedings. However, it may be elected for the matter to proceed to the District Court, where the person charged can elect to have a jury trial. The District Court can be more costly, complicated, and will usually take longer to resolve.
Possible defences
An assault resulting in bodily harm may be unlawful and will constitute an offence, unless it is authorised, justified or excused by law. Careful consideration is required when assessing a possible defence. A common theme in most defences against an assault charge is that the force applied must be reasonable and proportional; anything in excess of that may not be lawful. In relation to an assault charge, possible defences to consider may include, but are not limited to:
- Self-defence
- Provocation
- Necessity
- Duress
- Defence against trespassers
- Defence against repetition of insult
Our goal will be to develop a strategy which works towards the most favourable outcome available. In many cases, this includes pursuing an outcome which protects a client's career and reputation. To do this, we provide an idea of what may be achievable if your matter is effectively case managed.
04 / COMPLIMENTARY CASE ASSESSMENT
Complimentary case assessment
We recognise the stresses and concerns associated with any criminal charge. To address this, we provide a complimentary case assessment at Aegis Law Group. The purpose of this is to identify the concerns and develop a strategy to work towards the most favourable outcome available. As each assault charge is unique, the complimentary case assessment also allows our firm to provide tailored advice and recommendations.
If you have been charged with an offence, we are available to discuss your matter and address any immediate concerns. To ensure the right legal advice is received, all our complimentary case assessments are with a criminal lawyer. To organise this, send us a message or call (07) 3709 7610.
(07) 3709 7610 BRISBANE OFFICE33 Queen Street, Brisbane
