Assault charges in Queensland range from common assault, which carries a maximum of 3 years imprisonment, to grievous bodily harm, which carries a maximum of 14 years. Which charge you face depends on the harm caused, who was involved and the circumstances of the incident. This guide sets out how the Criminal Code defines assault, the main assault offences and their maximum penalties, which court will hear the matter, the defences available and what happens after you are charged.
The law in this article is stated as at October 2026. It is general information, not legal advice about your situation.
What counts as assault in Queensland?
Section 245 of the Criminal Code Act 1899 (Qld) defines assault broadly. A person assaults another if they strike, touch, move or otherwise apply force of any kind to them, directly or indirectly, without their consent. Consent obtained by fraud does not count.
Physical contact is not required. A person also commits assault if, by a bodily act or gesture, they attempt or threaten to apply force without consent, in circumstances where they actually or apparently have a present ability to carry out the threat. “Applying force” also includes applying heat, light, electrical force, gas, odour or any other substance to a degree that causes injury or personal discomfort. Spitting on someone can fall within this definition.
Under section 246, an assault is unlawful unless it is authorised, justified or excused by law. This is where defences such as self-defence come in, discussed further below.
Types of assault charges and maximum penalties
The Criminal Code creates a ladder of assault offences. The table below sets out the main charges and the maximum penalty for each. These are maximums. The sentence a court actually imposes depends on the facts, the person’s history and the sentencing principles that apply, and is often well below the maximum.
| Offence | Criminal Code section | Maximum penalty |
|---|---|---|
| Common assault | s 335 | 3 years (4 years with certain aggravating circumstances) |
| Assault occasioning bodily harm | s 339 | 7 years (up to 10 years if armed, pretending to be armed or in company) |
| Serious assault | s 340 | 7 years (14 years for some assaults on police officers) |
| Wounding | s 323 | 7 years |
| Choking, suffocation or strangulation in a domestic setting | s 315A | 7 years |
| Grievous bodily harm | s 320 | 14 years |
| Acts intended to cause grievous bodily harm | s 317 | Life imprisonment |
Common assault
Common assault under section 335 is an unlawful assault that causes no bodily harm, or none the prosecution can prove. It is the least serious assault offence, but a conviction can still carry real consequences. The maximum rises from 3 to 4 years if the offender publishes material on social media advertising their involvement in the offence. Our article on how serious a common assault charge is covers the likely outcomes in more detail.
Assault occasioning bodily harm (AOBH)
The Criminal Code defines bodily harm as any bodily injury that interferes with health or comfort. Bruising, cuts and swelling can meet that threshold. Assault occasioning bodily harm carries a maximum of 7 years, rising to 9 years where the offence is advertised on social media, and 10 years where the offender is or pretends to be armed with a dangerous or offensive weapon, or is in company with one or more other people. Many people charged with AOBH want to know whether they will go to jail, and the answer turns heavily on the facts and the person’s history.
Serious assault
Section 340 lists circumstances that make an assault a serious assault, including assaulting:
- a police officer acting in the execution of their duty, or a person helping them
- a person performing a duty imposed by law, or because they performed one
- a person aged 60 or over
- a person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device
- another person with intent to commit a crime or to resist lawful arrest.
The maximum is 7 years. For an assault on a police officer, it rises to 14 years if the offender bites or spits on the officer, applies a bodily fluid or faeces to them, causes them bodily harm, or is or pretends to be armed.
Wounding and grievous bodily harm
Wounding under section 323 carries a maximum of 7 years. Grievous bodily harm under section 320 carries a maximum of 14 years. Grievous bodily harm means the loss of a distinct part or organ of the body, serious disfigurement, or an injury that, if left untreated, would endanger life or cause permanent injury to health, whether or not treatment was available.
Intent changes the charge. Doing grievous bodily harm, or other listed acts, with intent to maim, disfigure, disable or do grievous bodily harm falls under section 317, which carries a maximum of life imprisonment.
Domestic violence and assault charges
An assault on a partner, family member or someone in another domestic relationship is charged under the same offences above. The domestic context then affects sentencing. Under section 9(10A) of the Penalties and Sentences Act 1992 (Qld), when a court sentences a person for a domestic violence offence, it must treat the domestic violence element as an aggravating factor unless exceptional circumstances make that unreasonable.
Queensland also has a standalone offence of choking, suffocation or strangulation in a domestic setting under section 315A, with a maximum of 7 years. Assault is not an element of that offence, so the prosecution does not need to prove one. People facing domestic violence charges may also be dealing with a protection order at the same time, which brings its own conditions and consequences.
Which court will hear an assault charge?
Most assault charges in Queensland start in the Magistrates Court, but where they finish depends on the charge.
- Common assault is generally dealt with in the Magistrates Court.
- Assault occasioning bodily harm (without aggravating circumstances) must be heard in the Magistrates Court unless the defendant elects a jury trial (section 552B).
- Serious assault must be heard in the Magistrates Court if the prosecution elects to proceed summarily (section 552A).
- Grievous bodily harm and other more serious charges are committed to a higher court, usually the District Court.
When the Magistrates Court deals with these indictable offences summarily, the maximum it can generally impose is 3 years imprisonment (section 552H). A magistrate must refuse to deal with a charge summarily if satisfied the person may not be adequately punished in that court (section 552D). Our Magistrates Court lawyers can explain where your charge is likely to be heard and what that means for the possible penalty.
What happens after you are charged with assault?
Every matter is different, but most assault charges follow a similar path.
- Charge. Police start proceedings by arrest, a notice to appear or a summons. The paperwork states the charge and your first court date.
- Bail or release. If you are arrested, police or a court will decide whether you are released on bail and on what conditions. A bail application may be needed if police refuse bail.
- First mention. Your first court appearance is usually procedural. You do not normally enter a plea at this point, and your lawyer can ask for an adjournment to obtain the evidence.
- Disclosure. The prosecution provides its evidence, such as statements, photographs and footage. This is when the strength of the case can be assessed properly.
- Negotiation. Your lawyer may negotiate with the prosecution to have a charge downgraded, withdrawn or amended to reflect what can actually be proved.
- Plea. You plead guilty or not guilty. A not guilty plea leads to a hearing in the Magistrates Court, or a trial in a higher court.
- Sentence. If you plead guilty or are found guilty, the court decides the penalty and whether to record a conviction.
Before you speak with police about the incident, get legal advice. If this is your first time in this position, our guide for anyone charged with assault for the first time covers the immediate steps. Charges are not always final either. Whether assault charges can be dropped depends on the evidence and the prosecution’s view, not only on what the complainant wants.
Defences to assault charges in Queensland
An assault is only an offence if it is unlawful. The Criminal Code sets out several defences that can make an act lawful or remove criminal responsibility. Once there is evidence raising a defence, the prosecution generally has to exclude it beyond reasonable doubt.
| Defence | Criminal Code section | In short |
|---|---|---|
| Self-defence against an unprovoked assault | s 271 | You may use force reasonably necessary to defend yourself, provided it is not intended or likely to cause death or grievous bodily harm. Greater force may be justified if you reasonably fear death or grievous bodily harm. |
| Self-defence against a provoked assault | s 272 | A narrower defence where you assaulted or provoked the other person first, and they responded with violence causing a reasonable fear of death or grievous bodily harm. |
| Aiding in self-defence | s 273 | You may use the same degree of force, in good faith, to help another person defend themselves. |
| Provocation | ss 268 and 269 | A person who is actually deprived of self-control by provocation and acts on the sudden may not be criminally responsible, if the force used is not disproportionate and is not intended or likely to cause death or grievous bodily harm. |
| Unintended or unforeseen events | s 23 | No criminal responsibility for an act independent of your will, or for an event you did not intend or foresee and an ordinary person would not reasonably foresee. |
| Extraordinary emergency | s 25 | No criminal responsibility for an act done in a sudden or extraordinary emergency where an ordinary person could not reasonably be expected to act otherwise. |
| Consent | ss 245 and 246 | Force applied with genuine consent is not an assault, although consent obtained by fraud does not count and consent does not cover every level of harm. |
Whether a defence is open depends on the evidence, so it is worth having the brief of evidence reviewed before deciding how to plead.
Will a conviction be recorded for assault?
Not necessarily. Under section 12 of the Penalties and Sentences Act 1992, a court has a discretion to record or not record a conviction. It must consider all the circumstances, including the nature of the offence, the person’s character and age, and the impact a recorded conviction would have on their economic or social wellbeing or their chances of finding work. A conviction that is not recorded is generally taken not to be a conviction for any purpose.
For many people, particularly those with no prior history, whether a conviction is recorded matters as much as the penalty itself. It can affect employment, travel and professional licences.
Frequently asked questions
What is the difference between common assault and assault occasioning bodily harm?
The difference is injury. Common assault involves no proven bodily harm. Assault occasioning bodily harm requires an injury that interferes with health or comfort, and its maximum penalty is 7 years rather than 3.
Is threatening someone an assault in Queensland?
It can be. A threat made by a bodily act or gesture is an assault if the person making it has an actual or apparent present ability to carry it out.
Can a child be charged with assault?
A child under 10 is not criminally responsible. A child aged 10 to 13 is not criminally responsible unless the prosecution proves they had the capacity to know they ought not to do the act (section 29 of the Criminal Code).
Do I need a lawyer for an assault charge?
You are not required to have one, but an assault charge can lead to imprisonment and a recorded conviction. A lawyer can assess the evidence, identify defences, negotiate with the prosecution and present your case at sentence.
Speak with a criminal lawyer about your assault charge
If you have been charged with assault in Queensland, early advice gives you the most options. Rana Lawyers’ assault lawyers in Brisbane can review the charge and the evidence, explain your options and represent you in court. Contact Rana Lawyers to arrange a consultation.
