Our expert criminal lawyers for assaulting a Police Officer occasioning actual bodily harm 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, occasioning actual bodily harm
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.
Actual bodily harm means injuries such as bruising, cuts, swelling, and similar physical injuries capable of amounting to actual bodily harm.
Pleading not guilty
To be found guilty of assaulting a police officer occasioning actual bodily harm, the prosecution must prove beyond reasonable doubt:
- You assaulted the victim; and
- Because of that assault, the victim suffered 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 includes:
- intentionally or recklessly applying force to another person; or
- intentionally or recklessly causing another person to fear immediate unlawful violence.
A police officer may still be acting in the execution of their duty even if they are technically off-duty, provided their conduct remains connected to their lawful functions as a police officer.
You can read more information about pleading not guilty here.
Common defences include:
- self-defence,
- evidence was unlawfully obtained,
- Mental health considerations.
- Identification, you were not the offender.
Self-defence is one of the most commonly successful defences.
Pleading guilty
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 seven years’ imprisonment in the District Court and two years’ imprisonment if the matter is dealt with in the Local Court.
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 common assault 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 – Self-defence established
Our lawyers 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.
No conviction recorded – Charge downgraded
Our lawyers 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.