Assault Police

Assault Police Officer

Our lawyers for the offence of assault police officer in execution of duty are consistently able to have clients found ‘not guilty’ by arguing self defence as well as other defences. Assaulting a police officer is a very serious charge and the Courts deal with persons found guilty very seriously.

Whether you are pleading ‘guilty’ or ‘not guilty’ it is important that you obtain advice from an accredited specialist criminal lawyer. Contact us now for an initial free consultation. You can also see our recent results for Assault Police charges.

WHAT SHOULD I DO?

• PLEADING NOT GUILTY

  What is Assault Police Officer in Execution of Duty?

  Section 60 of the Crimes Act 1900 (NSW) defines assault police as intentionally or recklessly causing a police officer to apprehend immediate and unlawful violence while they are acting in the execution of their duty.

  If no ‘actual bodily harm’ is occasioned to the Police officer, then this is considered a ‘Table 2’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless yourself or the prosecution elects to deal with it in the District Court.

  If ‘actual bodily harm’ is occasioned to the Police officer, then this is considered a ‘Table 1’ offence under the Criminal Procedure Act 1986 (NSW). As such, it is finalised in the Local Court unless the prosecution elects to deal with it in the District Court.

  If ‘grievous bodily harm’ is occasioned to the Police officer, then this is considered a strictly indictable offence and it must be finalised in the District Court.

   

  How Do You Beat an Assault Police Charge?

  You can beat an Assault Police charge in two ways. Firstly, Police must prove beyond reasonable doubt that:

  1. You assaulted someone;
  2. That person was a police officer;
  3. That police officer was acting in the execution of their duty.

   

  If you are charged with Assaulting Police and causing injury to the Police officer, the prosecution must also prove that your actions caused the police officer injury.

   

  If you are charged with Assaulting a police officer and causing grievous bodily harm or wounding, the prosecution must also prove:

  1. Your actions caused the police officer grievous bodily harm; and
  2. You had the intention (or were reckless) to causing that degree of harm.

   

  What Are the Defences to Assault Police?

  There are a number of possible defences to Assault Police. Below are is a list of some of the ways in which you may be able to defend the case:

  1. Self-defence: you were protecting yourself, someone else, or your property, and your response was reasonable in the circumstances you perceived them.
  2. Your actions were an accident
  3. The police officer was not acting within their duties (eg. if the Police officer arrested you unlawfully and you were defending yourself)
  4. Identification: If Police cannot establish that you were responsible for the assault
  5. Duress: you were forced to commit the offence
  6. Necessity: you committed the offence because it was necessary in the circumstances
  7. If you are charged with an offence involving injury to a Police Officer, that you did not cause the injury to the police officer; or
  8. You did not have the intention to cause the injury, or didn’t foresee the possibility of that kind of harm occurring from your behaviour.

   

  If you believe you may have a defence, it is important you speak to Australia’s best assault police lawyers. If you contact us at an early stage, we may even be able to have your charges dropped before the case has to go to Court.

• PLEADING GUILTY

  It is vital that you consult an experienced criminal lawyer before pleading guilty to a charge of Assault Police. If after receiving advice, you then decide to plead guilty, you will need to begin preparing your sentencing. Our guide will provide some general advice. However, due to the seriousness of the charge we strongly recommend that you engage a specialist lawyer for assault police charges to represent you in Court.

   

  What is the Punishment for Assaulting a Police Officer?

  The maximum penalty for the offence of Assault Police is:

  • 5 years imprisonment for intimidating, stalking or assaulting a police officer;
  • 7 years imprisonment for assaulting a police officer causing physical injury;
  • 12 years imprisonment for assaulting a police officer causing grievous bodily harm or wounding

   

  Sentencing for Assault Police Officer

  The following are possible sentencing outcomes for a charge of Assault Police Officer in Execution of Duty:

  1. Section 10 dismissal
  2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
  3. Fine
  4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
  5. Community Corrections Order (previously known as Community Service Order)
  6. Intensive Corrections Order
  7. Home Detention Order (no longer used in NSW)
  8. Full-Time Imprisonment

  Will You Go to Jail for Assaulting a Police Officer?

  Of the 159 cases heard in the Local Court over the last 5 years, only 10% of people received no conviction for Assault Police. By contrast, almost 30% of sentences were some form of imprisonment. Almost 20% of offenders were sentenced to full-time imprisonment. The remaining offenders all received convictions.

  The statistics for assault police charges show that avoiding a conviction is very difficult. Ten times as many people are sentenced to jail than receive a Section 10 dismissal. As such, if you wish to avoid jail and a conviction, you should speak to one of our specialist criminal defence solicitors for Assault Police.

FAQ

Can an Assault police charge be downgraded?

It may be that an Assault Police charge can be downgraded to Resist Police or ‘Hinder Police’. This will involve your lawyer sending Police ‘representations’. If you would like to know whether your charges can be downgraded, you can speak to one of our experienced Sydney Criminal Defence Lawyers.

 

Can I Sue Police?

If Police have acted outside their powers, you can take action against them. There are a number of torts such as ‘False imprisonment’ (eg. Police have arrested you illegally) and ‘Battery’ (eg. If Police have assaulted you) which can result in Police paying you damages. If you feel you have been dealt with unfairly by Police you can speak to one of our specialist criminal lawyers and we can advise you on your rights.

 

Is pushing a police officer assault?

Pushing a police officer is considered assault unless you were acting in self defence.

 

Can a police officer touch you?

A police officer can only touch you if they are doing so in the course of ‘executing their duty’. This could be if they have reasonable suspicion to arrest you. See our page on Police powers for more detail.

It is also not illegal for anyone (including police officers) to touch you if it occurs in the course of everyday life. For example, someone may tap you on the shoulder to get your attention.

 

What if You Are Guilty of Assaulting a Police Officer While Intoxicated?

Intoxication cannot be used to mitigate the offending. However, it can explain your behaviour and why you acted ‘out of character’.

If you assaulted a Police officer while intoxicated, you should strongly consider undergoing some form of alcohol counselling before your case is finalised. This will make a strong impression on the Judge or Magistrate that you will not re-offend and you are attempting to rehabilitate yourself.