Being placed under arrest can be a traumatic and upsetting experience, and in the heat of the moment it can be easy to lose control and lash out at the police.
However, if you do so you may face further charges for “resisting arrest.”
The offence of “resist arrest” is dealt with under section 546C of the Crimes Act 1900.
This section says that it is an offence to “resist or hinder” an arrest, or incite another person to “assault, resist or hinder” a police officer in carrying out their job.
Examples of conduct that could lead to a “resist arrest” charge include:
- Kicking or hitting police while they are trying to arrest you;
- Struggling or attempting to escape when police are trying to arrest you;
- Spitting at police while they are trying to arrest you;
- Making threats towards a police officer, or causing them to fear unlawful personal violence when they are attempting to arrest you
- Asking someone else to prevent an arrest
The maximum penalty under section 546C is 12 months imprisonment, and/or a fine of $1,100.
However, this is the maximum and will only apply in the most serious cases.
Our experienced criminal defence team can give you the strongest possible defence when it comes to fighting these charges and escaping a conviction.
546C Resisting etc police
Any person who resists or hinders or incites any person to assault, resist or hinder a police officer in the execution of his or her duty shall be liable on conviction before the Local Court to imprisonment for 12 months or to a fine of 10 penalty units, or both.
Being charged with resisting arrest can be a confronting and frustrating experience, particularly when you feel that you were simply acting to defend yourself.
However, our specialist criminal lawyers frequently defends clients in “resist arrest” matters and can help you fight the charges to escape a conviction and a harsh penalty.
One way in which we commonly win these cases is by showing that police unlawfully arrested you, for example, by proving that police did not have a reasonable suspicion for suspecting that you had committed a crime, or where they did not tell you that you were under arrest or why you were being arrested.
In these cases, we can write to police and ask them to drop the charges before the matter ends up before the court.
If they refuse to drop the charges, our senior lawyers will give you the best possible legal representation in court and will fight hard to have the charges dismissed by raising all relevant evidence and examining all witnesses.
If you simply wish to accept the allegations against you and plead guilty, our lawyers will fight hard to ensure that you receive the most lenient penalty possible.
If you are a person of good character with no previous criminal record, our lawyers may be able to persuade the magistrate to deal with your matter by way of a section 10.
This means that although you will be found guilty of the offence, you will not receive a conviction or your criminal record, which might otherwise affect your work and travel plans.
So for the best possible result in your “resist arrest” matter, trust Sydney’s leading criminal lawyers to fight for you every step of the way.
Call us today on (02) 9261 8881 and book your FREE first conference with us today.