Criminal Lawyers Cairns

Assault is a broad category that refers to the use, or threatened use of force by one person against another which is not authorised, justified or excused by law

There are several types of offences involving violence and they are generally distinguished by their level of severity

The nature of the injuries sustained by the victim will impact what is regarded to be severe. In seeking to define assault, there are various categories that are applied, ie, types of assault.

Common Assault is the least serious of all offences of violence, in fact, it doesn’t require any injury to actually be inflicted. For instance, to satisfy this offence all that is required is that the force applied by the offender results in some pain or discomfort. Also, this offence doesn’t even require any actual physical contact to be made between the offender and the victim. As a result, the act of simply threatening physical force can be sufficient to constitute this offence.

Serious Assault is an offence of common assault committed in particular circumstances, as identified by law. These circumstances include where the victim is a police officer, aged 60 years or more or disabled.

In addition to Common/Serious Assault be aware of these equally serious offences

Assault Occasioning Bodily Harm occurs where the offender commits an assault which results in actual injury to the victim

Common examples of injuries are bruises, cuts or even the breaking of bones. This offence becomes aggravated if the offender commits the offence whilst in the company of one or more other persons or is armed (or pretends to be) armed with a weapon.

Wounding occurs where an offender causes the breaks or penetrates the true skin of the victim. Common examples are stab wounds or ‘glassing’ incidents. Often, these types of situations can happen as a form of assault when drunk.

Grievous Bodily Harm occurs where an offender inflicts an injury on a victim that: causes serious disfigurement, causes the loss of a distinct part of the body or an organ or assault when a dangerous wound is inflicted that would have been life-threatening if the victim had not been medically treated.

There are several defences to charges of offences of violence. The most common defences are self-defence or provocation. Whether or not these can be raised will depend upon the factual matrix within which the offending occurs. There is also the matter of how assault impacts the individual and the community, which will differ case-by-case.

Assault offences

Assault is a broad category that refers to the use or threatened use of force by one person against another which is not authorised, justified or excused by law. They can be categorised into 5 main areas.

Drug offences

Drug offences cover charges such as possession, production, and trafficking of controlled substances. The charges will vary based on the amounts and type of drugs, it is serious and can have lasting consequences.

Driving offences

In Queensland, all drivers need to be aware of the complex rules and requirements when driving any vehicle on any road. These laws and any traffic charges are strictly enforced as are drink driving or driving under the influence of drugs.

Dishonesty offences

Dishonesty offences and can cover a broad range of circumstances where a person can obtain property, take advantage, gain a benefit, or cause detriment to another person. These types of offences can be quite minor to extremely serious.

Sexual offences

Sexual offences are normally associated with, rape and attempted rape, sexual assault, possessing child exploitation material, unlawful carnal knowledge, sexual offences against children and indecent acts and are serious.

Domestic violence

Domestic violence is behaviour in a relationship that is physically, sexually, emotionally, psychologically or economically abusive, threatening, coercive or in any other way controls or dominates the second person.