ASSAULT OFFENCES
Serious assault
Have you been charged with serious assault? If you have, you might be concerned about the potential impact this charge could have on your life, your career, and your reputation. As each matter is unique, we recommend organising a complimentary case assessment to determine the most efficient approach to resolving your matter.
01 / THE TERM ASSAULT
What is an assault?
The term "assault" draws its definition from section 245 of the Criminal Code Act 1899. A very quick example of a serious assault may include punching or kicking a police officer, whilst the police officer is performing their duties.
02 / HOW IT IS DIFFERENT
How is serious assault different?
A serious assault is defined under section 340 of the Criminal Code Act 1899. Importantly, this charge is not as much about the assault, but rather the complainant. If you have been charged with this offence, it may be because the complainant is:
- A police officer acting in the execution of their duty;
- A person who is 60 years or older;
- A person who relies on a guide, hearing or assistance dog; and/or
- A person who relies on a wheelchair or other remedial device.
The nature of the assault can result in life threatening complications, such as transmission of diseases. The offence includes biting, spitting on, throwing at, or in any way applying, bodily fluid or faeces to a police officer. Another offence involving a police officer is assault or obstruct police officer. However, if you have been charged with serious assault, it may be that the alleged conduct requires a more serious penalty, which the offence under the Police Powers and Responsibilities Act 2000 does not provide for.
The maximum penalty for serious assault is 7 years imprisonment. For an assault of a police officer, the maximum increases to 14 years where the offender bites or spits on the officer, applies bodily fluid or faeces, causes bodily harm, or is or pretends to be armed.
Source: Criminal Code (Qld), s 340 (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.
04 / COMPLIMENTARY CASE ASSESSMENT
Complimentary case assessment
If you have been charged with an assault, no matter how serious, it can be particularly stressful as there are often concerns about the consequence of any penalty imposed. Depending on the type of penalty imposed, there may be ramifications for a person's career, reputation, and livelihood.
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
