ASSUALT POLICE

Quite often the slightest contact with a police officer in the execution of their duty will result in you getting charged for assaulting police. Many clients find that they are wrongly charged with assaulting police, particularly when they themselves have been injured or bashed by a police officer.

 

We will vigorously defend you if you feel you have been wrongly charged with this offence.

 

In dealing with this particular offence your options when going to court are:

 

• Plead not guilty

 

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

 

You assaulted, stalked, harassed or intimidated a police officer;

At the time the police officer was in the execution of their duty.

If it is alleged that a particular type of harm was inflicted on a police officer, then the prosecution may also have to prove beyond reasonable doubt that:

 

Actual bodily harm was caused, being an injury that need not be permanent, but must be more than “merely transient or trifling” recklessly; or

Grievous bodily harm was caused, being “really serious” injury, recklessly; or

Wounding was caused, being an injury that pierces the inner and outer layer of the skin, recklessly.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

 

If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:

 

• Duress

• Necessity

• Self-defence

 

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

 

• Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge.

 

The offence of Assaulting police carries a maximum penalty of 2 years imprisonment in the Local Court and 5 years imprisonment in the District Court. If an injury was inflicted on the police officer, then the maximum penalties increase significantly. Assault police, depending on the seriousness of the assault, is an offence that may in some circumstances be dealt with pursuant to section 10 of the Crimes (Sentence Procedure) Act, meaning no conviction will be recorded, there is no other penalty, and you will have no criminal record.

 

Generally, penalties that a court can impose for any criminal offence in NSW are:

 

• Section 10 – No conviction recorded

• Fine

• Section 9 – Good behaviour bond

• Community service order

• Section 12 – Suspended sentence

• Intensive correction order

• Home detention

• Prison sentence

 

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