Assault is a criminal offence in every Australian state and territory. Most people think of assault as physically hitting someone, but the law is broader than that.

Assault can include any unwanted physical contact, threatening behaviour, or conduct that causes someone to genuinely fear they are about to be harmed. You do not need to injure someone, or even touch them, for an assault charge to apply.

In Queensland, assault offences are governed by the Criminal Code Act 1899 (Qld) and cover a wide spectrum of conduct. At the lower end sits common assault. Further up the scale are more serious charges including assault occasioning bodily harm, grievous bodily harm, and serious assault, which can involve significant prison sentences.

Sexual assault and other sexual offences are also serious criminal charges, but they involve different legal elements and are generally dealt with separately.

The charge that applies to your situation will depend on what happened, the level of harm involved, and the circumstances surrounding the incident. Being charged with assault can have real consequences for your employment, your reputation, your family life and your future. An experienced assault lawyer can explain what you are facing, identify what defences may be available, and represent you in court to help you achieve the best possible outcome for your situation.

Common assault involves the unlawful use or threat of force against another person without consent. It is generally the least serious assault offence in Queensland, and does not require physical contact to have occurred.

For example, a threatening gesture, raised fist, slap, shove, or throwing an object towards someone may be enough to support a common assault charge, depending on the circumstances.

Assault occasioning bodily harm is a more serious offence and applies where an assault results in actual harm, such as bruising, cuts, or other injuries that interfere with a person’s health or comfort.

The key difference is the level of harm alleged. Common assault may involve no injury or relatively minor contact, while assault occasioning bodily harm involves an injury that meets the legal threshold for bodily harm. Because of this, assault occasioning bodily harm carries higher maximum penalties than common assault.

For more detail, you can read our article Assault Occasioning Bodily Harm in Queensland: What You Need to Know.

Sexual assault is a serious criminal offence across Australia, broadly referring to any sexual act carried out against a person without their consent. While the specific laws differ between states and territories, all Australian jurisdictions treat sexual assault as a serious offence carrying significant penalties — including imprisonment.

In Queensland, sexual assault is a specific charge under section 352 of the Criminal Code Act 1899 (Qld). It applies where a person unlawfully and indecently assaults another person, or procures another person, without their consent, to commit or witness an act of gross indecency by any person. The maximum penalty for sexual assault in Queensland is 10 years imprisonment.

Charges involving sexual offences are among the most serious a person can face. They are vigorously prosecuted, carry heavy penalties, and a conviction can have lasting consequences beyond prison, including registration as a sex offender. If you or someone you know has been charged with a sexual offence, getting advice from an experienced criminal lawyer as early as possible is critical.

Yes — and the sooner you get advice, the better your options are likely to be.

If you have been charged with any type of assault, it is important to seek legal advice before going to court or speaking further with police.

Assault charges in Queensland range from relatively minor matters dealt with in the Magistrates Court through to serious indictable offences heard in the District Court. Where your case ends up, and what the outcome looks like, can depend heavily on having the right legal representation from the outset.

Assault charges of any kind can carry serious penalties, and an experienced assault lawyer can explain your options, assess potential defences, and represent you in court to help achieve the best possible outcome. They can also guide you through the court process, protect your rights at every stage, and work to minimise the impact of the charge wherever possible.

Yes, assault charges can sometimes be dropped or withdrawn in Queensland. However, once police have laid a charge, the decision to continue or discontinue the case is generally made by police prosecutors or the prosecution, not by the person who made the complaint.

This means a complainant cannot simply “drop the charges” themselves. Their views may be relevant, but the prosecution will consider the evidence, the seriousness of the allegations, public interest factors, and whether there are reasonable prospects of proving the charge.

Assault charges may be withdrawn where there is insufficient evidence, inconsistencies in the case, problems with witness evidence, or another legal or procedural issue. In some cases, a lawyer may be able to make written submissions asking the prosecution to discontinue the charge or negotiate for a more appropriate outcome.

Alternatively, some assault charges can be disposed of through Adult Restorative Justice Conferencing, otherwise known as “justice mediation”.

If you have been charged with assault, you should seek legal advice before contacting the complainant or taking any steps that could breach bail conditions, domestic violence orders or police directions.

Jail is possible for assault offences in Queensland, but it is not automatic. The penalty will depend on the type of assault charge, the seriousness of the incident, the injuries caused, whether a weapon was involved, and whether there are any aggravating factors such as domestic violence or offending while on bail.

The court will also consider your personal circumstances, criminal history, whether you pleaded guilty, your prospects of rehabilitation, and any steps you have taken since the incident.

For less serious assault charges, particularly where the person has no criminal history, the court may consider non-custodial penalties such as a fine, good behaviour bond, probation or community service. More serious assault offences, or matters involving significant injury, weapons, repeat offending or domestic violence, carry a greater risk of imprisonment.

An experienced assault lawyer can assess the charge, evidence and circumstances of your case, and give you a realistic picture of the penalties you may be facing.

Penalties for assault in Queensland vary significantly depending on the type of charge, the seriousness of the alleged conduct, and any aggravating circumstances.

As a general guide:

• Common assault: The maximum penalty is 3 years imprisonment. Less serious matters are often dealt with in the Magistrates Court and may result in a fine, good behaviour bond, probation, community service or another non-custodial penalty, particularly for first offenders.
• Assault occasioning bodily harm: The maximum penalty is 7 years imprisonment. This can increase to 10 years if the offender was armed, pretended to be armed, or committed the offence in company with another person.
• Grievous bodily harm: The maximum penalty is 14 years imprisonment. This is a serious offence involving significant injury and is dealt with in the higher courts.
• Serious assault: The maximum penalty is generally 7 years imprisonment, but higher penalties may apply in some circumstances, including where the alleged victim is a police officer, corrective services officer or another protected worker.

These are maximum penalties only. The penalty actually imposed by a court will depend on many factors, including the seriousness of the offence, whether a weapon was involved, the injuries caused, the person’s criminal history, whether they pleaded guilty, and their prospects of rehabilitation.

An experienced assault lawyer can give you a clearer picture of what you may be facing based on the specific facts of your matter.

There are several legal defences available if you are charged with assault.

In Queensland, some of the most common defences to assault charges includes:

• Self-defence: This may apply where a person used reasonable force to defend themselves from an unlawful assault. Queensland law distinguishes between self-defence against an unprovoked assault and self-defence after a provoked assault.
• Defence of another person: This may apply where a person used reasonable force to protect someone else from being unlawfully attacked.
• Provocation: This has a narrow application, and may be available in some assault matters where the accused lost self-control because of another person’s conduct. Depending on the circumstances, provocation may reduce the seriousness of the offence rather than excuse the conduct completely (it cannot be used where the loss of control was caused by a non-violent sexual advance or jealousy).
• Accident: If the contact was genuinely accidental, unintended, or occurred independently of the person’s will, it may not amount to a criminal offence under Queensland law.
• Consent: Consent may be relevant in limited circumstances, such as some sporting or agreed physical contact situations. However, consent is not a defence to every assault charge and generally will not apply to serious injury or unlawful violence.

Because assault defences are highly fact-specific, it is important to get legal advice with an assault lawyer before deciding whether to plead guilty or contest the charge.