Assault Charges in Queensland - What Happens Next and Your Options

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

If you've been charged with assault in Queensland, you're facing potentially serious criminal penalties that could include imprisonment, substantial fines, and a permanent criminal record. Queensland assault charges range from common assault (maximum 3 years imprisonment) to grievous bodily harm (maximum 14 years imprisonment). The most important thing you can do right now is understand exactly what you're charged with and get immediate legal advice - call 1300 636 846 for urgent assistance. Every decision you make from this point forward will directly impact your future, your employment prospects, and potentially your freedom.

Do You Need a Lawyer?

Yes, you absolutely need a lawyer for assault charges in Queensland. Assault charges are serious criminal matters that can result in imprisonment, even for first-time offenders. Without proper legal representation, you risk pleading guilty to charges that could be defended, accepting penalties that could be reduced, or making statements to police that damage your case.

A criminal lawyer can review the prosecution evidence, identify weaknesses in their case, negotiate with prosecutors for reduced charges, and present the strongest possible defence in court. They can also advise you on bail applications, whether to plead guilty or not guilty, and what evidence you need to gather to support your defence.

The difference between having a lawyer and representing yourself often means the difference between a conviction and an acquittal, or between imprisonment and a fine. Queensland magistrates and judges expect defendants to understand complex legal procedures and evidence rules - mistakes in court procedure can destroy an otherwise valid defence.

Given that assault convictions can prevent you from working in healthcare, education, security, or any role requiring a Blue Card, the cost of legal representation is minimal compared to the potential long-term consequences of a conviction.

What Happens Next - The Process

Here's exactly what happens after you've been charged with assault in Queensland:

1. First Court Appearance: You'll receive a notice to appear at your local Magistrates Court, usually within 4-6 weeks of being charged. You must attend this hearing - failure to appear results in a warrant for your arrest.
2. Mention Hearing: At your first appearance, the magistrate will read the charges and ask if you plead guilty or not guilty. If you're not ready to enter a plea, you can request an adjournment (usually 2-4 weeks).
3. Brief of Evidence: If you plead not guilty, the prosecution must provide you with their brief of evidence within 4 weeks. This includes witness statements, CCTV footage, medical reports, and police interviews.
4. Committal Hearing: For indictable offences (like GBH), a committal hearing in the Magistrates Court determines if there's enough evidence to send your case to a higher court.
5. Trial Preparation: Your lawyer will review the brief, interview witnesses, gather defence evidence, and prepare legal arguments. This process typically takes 2-6 months.
6. Trial or Sentence: Summary offences are heard in the Magistrates Court. Indictable offences proceed to the District Court or Supreme Court. Trials can last 1-5 days depending on complexity.
7. Verdict and Sentence: If found guilty, sentencing usually occurs immediately for summary offences, or within 2-4 weeks for indictable offences.

The total process typically takes 6-18 months from charge to final resolution, depending on the complexity of your case and which court hears it.

The Law in Queensland

Queensland assault offences are governed by the Criminal Code Act 1899 (Qld), which defines specific categories of assault with different penalty ranges:

Common Assault (Section 335): Unlawfully striking, touching, or moving another person, or applying force without consent. Maximum penalty is 3 years imprisonment. This is a summary offence heard in the Magistrates Court.

Assault Occasioning Bodily Harm (Section 339): Assault that causes bodily harm, defined as any bodily injury that interferes with health or comfort. Maximum penalty is 7 years imprisonment, or 10 years if committed in circumstances of aggravation (domestic violence, against people over 60, etc.).

Grievous Bodily Harm (Section 320): Unlawfully doing grievous bodily harm to another person. 'Grievous bodily harm' means the loss of a distinct part or organ of the body, serious disfigurement, or any bodily injury that endangers life or causes permanent injury. Maximum penalty is 14 years imprisonment.

Assault Police (Section 340): Assaulting a police officer while on duty carries a maximum penalty of 7 years imprisonment, with a mandatory minimum penalty requiring actual imprisonment unless exceptional circumstances exist.

Serious Assault (Section 340): This covers assaults in circumstances of aggravation, including domestic violence situations, assaults on people over 60, or assaults causing bodily harm to children under 16. Penalties range from 7-10 years imprisonment.

The Penalties and Sentences Act 1992 (Qld) sets out sentencing principles, requiring courts to consider the seriousness of the offence, your criminal history, the impact on victims, and prospects for rehabilitation. First-time offenders may receive wholly suspended sentences or community service orders, while repeat offenders face immediate imprisonment.

Mistakes to Avoid

Speaking to Police Without a Lawyer: We regularly see clients who have given police interviews thinking they can "explain their side" without legal advice. Police are trained interrogators, and even innocent explanations can be twisted to support prosecution evidence. Exercise your right to silence and demand a lawyer before answering any questions.

Pleading Guilty at the First Court Appearance: Many people plead guilty immediately because they think it will get the matter over with quickly. This is catastrophic - you can't change a guilty plea once it's entered, and you may be pleading guilty to charges that could be successfully defended or reduced through negotiation.

Ignoring Bail Conditions: Clients sometimes think minor breaches of bail conditions (like being 10 minutes late for reporting) won't matter. Any breach gives police the power to arrest you and revoke your bail, meaning you'll be held in custody until your trial. Courts take bail breaches extremely seriously.

Trying to Contact the Alleged Victim: Approaching the complainant to "sort things out" or "explain what really happened" will result in additional charges of stalking or breaching domestic violence orders. This mistake can turn a simple assault charge into multiple serious offences.

Posting on Social Media: Clients often post about their case online or continue posting content that contradicts their defence (like photos of them drinking when claiming they weren't intoxicated). Prosecutors routinely check social media accounts, and your posts will become evidence against you.

These mistakes can transform a defendable case into a certain conviction, or turn a minor charge into multiple serious offences with mandatory imprisonment.

Likely Outcomes and Costs

With experienced legal representation, the outcomes for assault charges vary significantly based on the specific circumstances and strength of the prosecution case:

Best Case Scenarios: Complete withdrawal of charges (10-15% of cases), acquittal at trial (20-30% of contested cases), or downgrade to a lesser charge through negotiation (40-50% of cases). A good lawyer can often negotiate common assault down to public nuisance, or ABH down to common assault.

Realistic Outcomes with Legal Help: Guilty plea to reduced charges with suspended sentences (50-60% of cases), community service orders instead of imprisonment (30-40% of cases), or minimal fines for first-time offenders on minor charges.

Without Legal Representation: You're likely to plead guilty to the original charges and receive penalties at the higher end of the range. Self-represented defendants rarely understand how to present mitigating factors effectively or negotiate with prosecutors.

Legal Costs: Initial consultations typically cost $250-$400. Summary assault matters in the Magistrates Court generally cost $2,500-$5,000 for full representation. Indictable matters requiring District Court representation range from $8,000-$15,000. Trial preparation and court appearances for serious GBH charges can cost $15,000-$25,000.

Timeframes: Simple guilty pleas resolve within 2-4 months. Contested summary matters take 6-12 months. Indictable offences requiring committal hearings and higher court trials typically take 12-24 months to resolve.

The investment in legal representation often saves money long-term - avoiding a conviction protects your employment, prevents the need for expensive visa applications due to criminal records, and avoids the substantial indirect costs of imprisonment.

How Go To Court Lawyers Can Help

Go To Court Lawyers has defended thousands of assault charges across Queensland since 2010, with our network of 800+ criminal lawyers providing expert representation in every Queensland court from Cairns to the Gold Coast.

Our Queensland assault defence team offers:

• 24/7 Legal Hotline: Call 1300 636 846 any time for immediate advice on arrest, bail applications, or urgent court matters
• Fixed-Price Initial Consultation: $295 comprehensive case review with an experienced criminal lawyer who will explain your charges, assess the evidence, and outline your defence options
• Same-Day Court Representation: Emergency representation available for urgent bail applications or unexpected court appearances across all Queensland courts
• Proven Track Record: 4.5-star rating from 780+ client reviews, with extensive experience defending all levels of assault charges from common assault to grievous bodily harm
• Specialist Knowledge: Our lawyers regularly appear in Queensland Magistrates Courts, District Courts, and the Supreme Court, with detailed knowledge of local prosecutors, magistrates, and court procedures

We understand that assault charges often arise from moments of poor judgment, self-defence situations, or misunderstandings that spiral out of control. Our approach focuses on protecting your future while achieving the best possible legal outcome.

Whether you're facing your first criminal charge or dealing with serious allegations that could result in imprisonment, our Queensland criminal lawyers have the experience and resources to defend your case effectively.

Don't let assault charges destroy your future. Call 1300 636 846 now for immediate legal advice, or book your fixed-price consultation online at gotocourt.com.au/book. Our lawyers are available 24/7 and can arrange urgent representation for bail applications or court appearances anywhere in Queensland.