Assaulting a Police Officer Defence Lawyers Sydney
Defending against assaulting a police officer charges 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. It is shocking to discover that some of the people tasked with protecting you are liars. At times it can feel like a David and Goliath battle with an army of police facing off against you and your lawyer.
We’re ready to fight the police with you. We are not scared to call out their bullying tactics for what they are. This is why our criminal lawyers have great success in defending charges of Assaulting a police officer.
If you intend to plead guilty, our criminal lawyers have a proven track record of keeping our clients out of jail and also having no conviction recorded for Assaulting a police officer.
How do I beat a charge of Assaulting a police officer?
You will be found not guilty of the offence of Assaulting a police officer if the police cannot prove beyond reasonable doubt that:
- You assaulted the victim; and
- The victim was a police officer; and
- 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.
Pleading guilty to Assaulting a police officer
If you committed the offence and the police can prove so, we want to get you a better result than anyone else. We will often negotiate with prosecutors for you to plead guilty to less serious facts or even a less serious charge, so you get a lighter sentence.
An offence of Assaulting a police officer pursuant to section 58 or 60 of the Crimes Act carries a maximum penalty of five years imprisonment in the District Court. It carries2 years imprisonment if the matter is dealt with in the Local Court. An offence of Assaulting a police officer pursuant to section 546C of the Crimes Act carries a maximum penalty of 12 months imprisonment and/or a fine of $1,100.00. These maximum penalties are typically reserved for the worst offenders.
You can read about all the sentencing options that a court has, including having no conviction recorded for Assaulting a police officer.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Find out more about court proceedings and how to write a good character reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for assaulting a police officer offences. For these offences, a good lawyer can be the difference between no criminal record and freedom, or a conviction and gaol.
Australian Criminal Law Group represented a young man charged with assaulting two police. During the incident, the young man had been tasered. Criminal lawyer Deng Adut 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.
Mr Mercael appeared for a man charged with assaulting a police officer as well as hindering police. Mr Mercael 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.
Australian Criminal Law Group represented a man facing several assault police charges. More than seven police were called to court to give evidence against him. Criminal lawyer Joe Correy 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.
Australian Criminal Law Group represented a young man accused of assaulting a police officer and resisting arrest whilst heavily intoxicated on LSD. Criminal lawyer Joe Correy 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.
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.