Common Assault in Queensland.
The term "common assault" covers a range of potential acts and incidents that might occur. What is Common Assault ? - Common Assault is a regular charge with a reasonably broad spectrum of potential offences involving others such as: 1. Apply force to another on purpose; or 2. Threaten in a real way to apply force to another, or 3. Doesn't have that other person's consent or lawful justification. As a result, the consequences tend to be less severe than other more severe forms of assault. That said, Common Assault does carry a maximum sentence of 3 years imprisonment, which is nothing to sneeze at. With a 3 year maximum sentence, the Magistrates Court will normally hear a Common Assault charge.
There are defences for Common Assault. Committing assault while intoxicated is not a defence – in fact, it is a type of aggravation. Otherwise, available defences for Common Assault include self-defence (including defence of another), preventing violence or another crime, or absence of intention (that is – it was an accident).
If you have been involved in an incident of any kind that might lead to charges, you should never give a statement to police without having consulted your criminal lawyers first.
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