Being placed under arrest can be a traumatic and upsetting experience, and police are well-known for being heavy-handed during the arrest process, which can lead to those who are being arrested being less than compliant.
Section 546C of the Crimes Act 1900 contains the offence of resisting or hindering an arrest.
It sets down a maximum penalty of 12 months in prison and/or a fine of $1,100 for resisting or hindering an arrest, or inciting another person to assault, resist or hinder a police officer in the execution of their duties.
The officer does not necessarily need to be ‘on duty’ at the time, but they do need to be exercising their duties as a police officer.
If you have been charged with the offence, our experienced criminal defence lawyers will do everything possible to have the charge withdrawn or thrown out of court, whether due to the fact that you did not engage in the alleged activity, or that the arrest was unlawful in the first place, or have an available defence such as self-defence (especially where heavy handed tactics were used), duress or necessity.
Section 546C of the Crimes Act 1900 deals with the offence of ‘Resisting Arrest’ and reads as follows:
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.
Why Sydney Criminal Lawyers®?
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 dismissal or conditional release order.
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.
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