The Crimes Act contains various weapon offences, including the offence of ‘using a weapon to resist arrest’ under section 33B.
This section gives several situations in which you could be charged with using a weapon to resist arrest.
They are where you used, attempted to use, threatened to use, or possessed an offensive weapon OR where you threatened to injure another person or damage another person’s property AND you either:
- Intended to commit an indictable offence OR
- You intended to prevent yourself (or some other person) from being legally arrested OR
- You intended to prevent or hinder a police officer from carrying out an investigation
If you are found guilty of any of these offences, you could face a maximum penalty of 12 years imprisonment.
Furthermore, if you were with another person, or a group of people when you committed the offence, you could face a harsher maximum penalty of 15 years imprisonment.
While these penalties may seem extremely harsh, it’s important to remember that they are maximum penalties, which means that they will only apply in the most serious cases.
Section 33B of the Crimes Act deals with the offence of ‘using a weapon to resist arrest’ and reads as follows:
33B Use or possession of weapon to resist arrest etc
(1) Any person who:
(a) uses, attempts to use, threatens to use or possesses an offensive weapon or instrument, or
(b) threatens injury to any person or property,
with intent to commit an indictable offence or with intent to prevent or hinder the lawful apprehension or detention either of himself or herself or any other person or to prevent or hinder a police officer from investigating any act or circumstance which reasonably calls for investigation by the officer is liable to imprisonment for 12 years.
(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 15 years.
Being charged with using a weapon to resist arrest can be a stressful and upsetting experience, especially if you’re worried about the impact of possible penalties on your life.
However, with the help of the specialist weapons lawyers at Sydney Criminal Lawyers®, you can avoid these heavy penalties by fighting to have the charges dropped, or by raising a defence to explain or justify your actions – for example, where you used the weapon in self-defence.
Our senior defence lawyers have built a reputation for being outstanding and knowledgeable advocates.
They can assist you in court by presenting your case in the most compelling manner and persuading the judge to deal with the matter leniently.
In many cases, they are able to have the charges dropped outside of court by identifying issues with the prosecution case at an early stage in the proceedings.
Alternatively, if you wish to plead guilty, our weapons experts can help you obtain the lightest penalty possible by presenting your case in the most positive light.
So for the best defence in your weapons case, call us today on (02) 9261 8881 and book your FREE first conference to find out how we can help you win your weapons case.