Assaulting a police officer

Assault offences

The offence of Assaulting a police officer is found in section 60 of the Crimes Act 1900 (NSW) which deems a person guilty if they assault, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty.

Assaulting a Police Officer

Assaulting a police officer is a crime under sections 58 and 60(1) of the Crimes Act 1900 (NSW). This offence occurs when a person assaults a police officer in the execution of their duty. Examples include pushing, spitting on, punching, or violently struggling against a police officer during arrest.

You could be charged with Assaulting a police officer if:

You strike a police officer with your fist causing;
You throw an object at a police officer;
You threaten or intimidate a police officer;

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

That the accused assaulted, threw a missile at, stalked, harassed or intimidated a police officer;
The police officer did not consent; and
Your actions were intentional or reckless

What are the maximum penalties for this offence?

The maximum penalties for Assaulting a police officer is:

Five years imprisonment.
Seven years imprisonment if the assault causes ‘actual bodily harm’.
Twelve years imprisonment if the assault causes ‘grievious bodily harm’

What Are the Penalties?

Penalties for assaulting a police officer can be severe, with the maximum penalty being five years imprisonment. However, most cases are heard in the Local Court, where the maximum imprisonment term is two years.

In addition to imprisonment, other penalties such as fines, Conditional Release Orders, or Community Correction Orders can be imposed. In certain cases, a conviction may not be recorded under section 10 of the Crimes (Sentencing Procedure) Act.

For more serious forms of this offence, such as causing grievous bodily harm to a police officer during a public disorder, the maximum penalty can be as high as 14 years imprisonment.

What is Resisting?

The offence of resisting arrest, defined under sections 58 and 546C of the Crimes Act, also carries significant penalties. While the maximum penalty under section 58 is five years imprisonment, under section 546C, it is 12 months imprisonment or a fine of up to $1,100.

Resisting arrest typically means “opposing by force,” but it’s important to note that certain actions, such as running away before an arrest, may not constitute resisting arrest. The prosecution must prove beyond reasonable doubt that there was intentional resistance to the police officer’s actions.

Sometimes, charges of resisting arrest are laid inappropriately, such as in cases of unlawful arrest or excessive use of force by the police. In such situations, seeking legal advice from a criminal defence lawyer is crucial, as they can provide guidance on available defences and navigate the complexities of police powers.

What is Self-Defence?

Self-Defence is a complete defence at law to certain criminal charges. If proven, it will require a verdict of ‘not-guilty’.

The defence is found in section 418 of the Crimes Act 1900 (NSW) which states that you are not criminally responsible for an offence if:

You believed your conduct was necessary:
- To defend yourself or another person, or
- To prevent the unlawful deprivation of your liberty or another person’s, or
- To protect your property from being taken, destroyed, damaged or interfered with, or
- To prevent criminal trespass to your land, or remove a person criminally trespassing
Your conduct was a reasonable response in the circumstances as you perceived them.

To rely on self-defence, there must be evidence capable of supporting a reasonable inference that you acted in accordance with the section.

Once self-defence is raised, the prosecution must disprove it ‘beyond reasonable doubt’ if it is unable to do so, you are entitled to an acquittal.

Self-defence is not available where you used force that involved the reckless or intentional infliction of death only to:

Protect property, or
Prevent or remove a criminal trespass.

What are your options at Law?

If you are facing charges of Assaulting a police officer, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:

Negotiate with prosecutors to withdraw or amend the charges.
Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Have you been charged with assault occasioning actual bodily harm? Contact our team today to book your first free consultation.

Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Have you been charged with Assaulting a police officer?

Facing charges for assaulting a police officer? Don’t go through it alone. Reach out to our experienced team now for your first free consultation. Get the expert legal assistance you need to protect your rights and fight your case effectively. Contact our team today to book your first free consultation.

Assaulting a police officer

Assault offences