Our criminal lawyers believe that being charged with Assaulting a police officer occasioning actual bodily harm can be one of the most unjust experiences a person can have 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. At times it can feel like a David and Goliath battle with army of police facing off against you and your lawyer.
We’re ready the for the fight. We are not scared to call out these bullying tactics for what they are. This is why our criminal lawyers have great success in defending charges of Assaulting a police officer occasioning actual bodily harm.
How do I beat a charge of Assaulting a police officer occasioning actual bodily harm?
You will be found not guilty of the offence of Assaulting a police officer occasioning actual bodily harm if the police cannot prove beyond reasonable doubt:
- You assaulted the victim; and
- Because of that assault, the victim suffered actual bodily harm (the injury need not be permanent but must be more than merely transient and trifling. Bruising and cuts have been held to be actual bodily harm).
- 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. Or, any act which 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 arguing that evidence was unlawfully obtained because the police officer was acting illegally him or herself.
Pleading guilty to Assaulting a police officer occasioning actual bodily harm
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 that you get a lighter sentence.
An offence of Assaulting a police officer occasioning a police officer carries a maximum penalty of seven years imprisonment in the District Court and two years imprisonment if the matter is dealt with in the Local Court. These maximum penalties are typically reserved for the worst offenders.
We have a proven track record of keeping our clients out of jail, and also having no conviction recorded in some cases.
You can read about all the sentencing options that a court has, including about not having a conviction recorded here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Assaulting a police officer occasioning actual bodily harm offences. A good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of Assaulting a police officer occasioning actual bodily harm, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Australian Criminal Law Group represented a client charged with kicking a police officer in the face and breaking the police officer’s nose. The assault occurred while the undercover police officer attempted to arrest a friend of the client. Criminal lawyer Deng Adut defended the charge based on self-defence. Our client did not know the victim was a police officer and thought his friend was being assaulted. It was argued the police had been heavy handed. The force of the kick had not been designed to injure but rather prevent the assault our client perceived to be happening from continuing. The prosecution could not disprove self-defence beyond reasonable doubt and our client was found not guilty.
Australian Criminal Local Group represented a client charged with Assault of a police officer occasioning actual bodily harm after he got into a fight with an off-duty police officer. We successfully argued the police officer was not acting in the execution of his duty. The charge was withdrawn, and a less serious charge was laid. The Magistrate did not record a conviction.