Aggravated assault is one of the most serious assault-related offences under Australian criminal law. Unlike common assault, aggravated assault involves additional factors that make the conduct more dangerous or harmful—such as the use of a weapon, causing significant injury, or targeting a vulnerable person.
Being charged with aggravated assault can lead to harsh penalties, including lengthy imprisonment, especially if the offence involves intent to cause serious harm or occurs in aggravating circumstances. These charges are treated seriously by police and courts in every Australian state and territory.
Whether you’re under investigation, have already been charged, or are seeking advice for someone you care about, understanding how aggravated assault is defined, prosecuted, and defended is crucial.
Police will typically lay aggravated assault charges after:
Receiving a complaint or report
Conducting an investigation, including interviewing witnesses and collecting medical or forensic evidence
Arresting the accused if there is sufficient evidence
Formally laying charges via a Court Attendance Notice (CAN) or arrest
Bail may be refused depending on the severity and circumstances of the offence.
Aggravated assault charges are prosecuted in either the Magistrates’ Court or District/County Court, depending on the seriousness of the case. The process generally follows these steps:
First Court Appearance – Bail application and charges read
Case Management or Committal Hearing – Disclosure of evidence
Plea or Trial – Depending on whether you plead guilty or not guilty
Sentencing – If found guilty
Several legal defences may apply to aggravated assault charges, including:
Self-defence
Lack of intent
Duress
Mental impairment
Mistaken identity
Consent (in limited circumstances)
An experienced criminal defence lawyer can evaluate the evidence and build a case strategy around these defences.
Aggravated assault is a serious criminal offence across Australia, attracting harsher penalties than common assault due to the presence of aggravating factors. Below is a state-by-state breakdown of the relevant laws, penalties, legal definitions, and court processes in NSW, VIC, QLD, SA, WA, and the ACT.
Relevant Act: Crimes Act 1900 (NSW)
Common Charges:
Assault occasioning actual bodily harm (s59) – up to 5 years imprisonment
Reckless wounding (s35) – up to 7–14 years, depending on circumstances
Court: Local Court (minor), District Court (serious cases)
Relevant Act: Crimes Act 1958 (VIC)
Common Charges:
Intentionally causing serious injury (s16) – up to 20 years
Recklessly causing serious injury (s17) – up to 15 years
Court: Magistrates’ Court or County Court
Relevant Act: Criminal Code Act 1899 (QLD)
Common Charges:
Assault occasioning bodily harm (s339) – up to 7 years
With aggravating circumstances (e.g. in company or with a weapon) – up to 10 years
Court: Magistrates’ Court or District Court
Relevant Act: Criminal Code Act Compilation Act 1913 (WA)
Common Charges:
Aggravated assault (s318) – up to 10 years
Grievous bodily harm (s297) – up to 14–20 years
Court: Magistrates’ Court or District Court
Relevant Act: Criminal Law Consolidation Act 1935 (SA)
Common Charges:
Causing serious harm with intent (s23) – up to 20 years
Aggravated assault (s20) – up to 3 years
Court: Magistrates’ Court or District Court
Relevant Act: Criminal Code 2002 (ACT)
Common Charges:
Assault occasioning actual bodily harm (s23) – up to 5 years
With aggravating factors (s48) – higher penalties apply
Court: Magistrates’ Court or Supreme Court
This page offers general information only and is not a substitute for legal advice. Criminal laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
