Assaulting a Police Officer

Our expert criminal lawyers for assaulting a police officer offences can help you:

• Obtain bail.
• Be found not guilty.
• Receive a lenient sentence, like no conviction and no prison.

You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.

You can read our reviews here.

Assaulting a Police Officer

Defending against charges of assaulting a police officer can be one of the most unjust experiences a person can face in the criminal courts. It is not unusual for police to falsely accuse people of assaulting them in circumstances where the police were the ones to have engaged in unlawful, violent conduct. 

Our criminal lawyers are experienced in standing up to police and exposing unlawful conduct, excessive force, inconsistencies in evidence, and unreliable police testimony. We are not afraid to challenge bullying tactics and defend our clients in court.

Pleading not guilty 

You will be found not guilty of the offence of Assaulting a police officer if the police cannot prove beyond reasonable doubt that:

1. You assaulted the victim; and
2. The victim was a police officer; and
3. The assault occurred while the victim was acting in the execution of his/her duty.

An assault is the intentional or reckless application of force to the person of another. It is an act that intentionally or recklessly causes another person to apprehend immediate and unlawful violence, including words.

It is not necessary for the prosecution to prove that you knew that the victim was an officer on duty. An officer not acting within his formal work hours can be acting in the execution of his duty if the police officer’s conduct is connected to his functions as a police officer and he does not do anything outside the ambit of his duty.

Defences available include self-defence or excluding evidence that was unlawfully obtained because the police officer was acting illegally him or herself.

You can read more information about pleading not guilty here.

Common defences include: 

• Self-defence, you acted to protect yourself or another person.
• No assault occurred. 
• Mental health considerations. 
• Necessity, your actions were needed to avoid serious harm.
• Identification, you were not the offender.

Self-defence is one of the most commonly successful defences.

Pleading guilty to assaulting a police officer

If you plead guilty, our focus is on securing the best possible outcome and avoiding a criminal record wherever possible. We negotiate with the police to reduce the charge or negotiate the agreed facts. The maximum penalty is 12 months imprisonment and/or a fine of $1,100.00. 

You can read about all the sentencing options that a court has, including having no conviction recorded for assaulting a police officer.

Additionally, you can read more about assaulting a police officer here. 

With proper legal representation, it is often possible to avoid both jail and a conviction. 

You can read more about pleading guilty here.

Do I need references?

We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.

Contact Australian Criminal Law Group

Our criminal lawyers, with 500+ five-star Google reviews, can beat your assaulting a police officer charge or obtain a lenient sentence for you if you plead guilty.

Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.

Case studies

Not guilty – Police acted unlawfully

Our lawyer represented a young man charged with assaulting two police. During the incident, the young man had been tasered. He argued that the police had no right to stop the young person whilst he was crossing the road. The police had in fact assaulted him. The Magistrate found the police to have stopped the young man unlawfully and to have used excessive force in arresting him. The charge was dismissed, and the young man successfully sued the police for almost $200,000.

No conviction recorded – Mental health diversion

Our lawyer appeared for a man charged with assaulting a police officer as well as hindering police. He argued that his client was not of sound mind at the time of offending. He had since successfully rehabilitated. The court accepted the submissions and diverted his case out of the criminal courts using section 32. This meant he did not go to prison and did not receive a conviction.

Not guilty – Police evidence rejected 

Our lawyer represented a man facing several assault police charges. More than seven police were called to court to give evidence against him. Our lawyer cross-examined the police over two days and they all gave different, conflicting versions. Ultimately, the Magistrate said he could not accept any of the police evidence because it was diametrically opposed, and he found our client not guilty of all charges.

No conviction recorded – Section 10

Our lawyer represented a young man accused of assaulting a police officer and resisting arrest whilst heavily intoxicated on LSD. Our lawyer had the facts amended from the Accused man punching a police officer to the contact being incidental to a police officer removing the Accused man’s hand from the window of the police car because he was annoyed. It was argued that resisting was consequential on the intoxicated man not understanding why he was being arrested. The Magistrate dismissed the charges without recording a conviction.

Source:

Crimes Act 1900 No 40, Current version for 1 January 2022 to date (accessed 7 March 2022 at 21:52) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040

This information is intended as a general guide to law only.  It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.