Police are generally fair and reasonable when carrying out their duties, however, in some cases they have been known to use excessive force when dealing with members of the public.
In these circumstances, you may react to the excessive force by fighting back or attempting to defend yourself. It can therefore come as a shock to be charged with ‘assaulting a police officer’ in these cases.
But you don’t have to fight the charges alone. At Sydney Criminal Lawyers®, we have a reputation for consistently defending and winning ‘assault police’ cases by raising issues with excessive police conduct – so you can count on us to protect your innocence.
Before you can be found guilty of ‘assault police,’ the prosecution must prove beyond a reasonable doubt that:
If you believe that the prosecution will be unable to prove each of these factors beyond a reasonable doubt, you may wish to speak to our highly experienced criminal lawyers about pleading ‘not guilty’ and fighting the charges in court.
Our Accredited Criminal Law Specialists have considerable experience dealing with ‘assault police’ matters, and can help you present your case persuasively to ensure that you get the best possible outcome.
Our dedicated lawyers will carefully examine all evidence to find problems with the prosecution case, which can help you secure a verdict of ‘not guilty.’
We can also advise you of any defences to explain or justify your conduct, for example:
When it comes to fighting the charges, it is important to ensure that you are represented by a reputable criminal lawyer who can give you the best possible defence in your case.
If you are willing to accept the charges against you, you may wish to plead guilty as soon as possible.
In some cases, this may be beneficial as it will show to the court that you have accepted responsibility for your actions. Accordingly, you may end up with a lesser penalty.
However, before you enter a plea to any offence, it is important to speak to a reputable criminal lawyer, who can advise whether you can defend the charges to avoid a conviction.
It’s also important to be aware of the maximum penalties that you could face.
The maximum penalties for ‘assault police’ vary based on the circumstances and seriousness of the assault:
|Relevant Section||Offence||Maximum Penalty|
|S 60(1) Crimes Act||Harassing, stalking, assaulting, intimidating or throwing missiles at a police officer while they are carrying out their duties – where no harm is caused to the police officer.||5 years imprisonment.|
|S 60(1A) Crimes Act||As above, where the assault is carried out during a ‘public disorder’ – such as a riot or other disturbance which poses a threat to public safety.||7 years imprisonment.|
|S 60(2) Crimes Act||Harassing, stalking, assaulting, intimidating or throwing missiles at a police officer while they are carrying out their duties – causing actual bodily harm to the police officer (such as bruises or scratches).||7 years imprisonment, with standard non-parole period of 3 years.|
|S 60(2A) Crimes Act||As above, where the assault causing actual bodily harm is carried out during a ‘public disorder’ – such as a riot or other disturbance which poses a threat to public safety.||9 years imprisonment, with standard non-parole period of 3 years.|
|S 60(3) Crimes Act||Harassing, stalking, assaulting, intimidating or throwing missiles at a police officer while they are carrying out their duties – causing grievous bodily harm or wounding (some form of permanent and serious disfigurement)||12 years imprisonment, with standard non-parole period of 5 years.|
|S 60(3A) Crimes Act||As above, where the assault causing wounding or grievous bodily harm is carried out during a ‘public disorder’ – such as a riot or other disturbance which poses a threat to public safety.||14 years imprisonment, with standard non-parole period of 5 years.|
However, these are penalties, which means that they will only apply in the most serious cases.
Our criminal law specialists can help you obtain a more lenient outcome by raising any factors that reduce the seriousness of your actions – for example, by showing that you are a person of good character, or that you have taken steps to reduce your risk of reoffending.
The types of penalties that the court can impose include:
Remember, your best chance at getting a favourable outcome in your ‘assault police’ case is to get an experienced criminal lawyer on your side.
We have an excellent track record of reducing the severity of charges in order to ensure that our clients get the best possible result. So call us today on (02) 9261 8881 and let us help you win your assault police case.
If you’ve been charged with common assault, you may be wondering what the prosecution needs to prove, and what kind of penalties you could face.
We have included some additional detailed information on these topics below.
To be found guilty of assault, the prosecution must prove certain factors beyond a reasonable doubt:
1) That you acted in a way that caused another person to fear immediate and unlawful personal violence OR that you touched another person without their consent;
The central feature of assault is that your actions must have caused another person to fear some form of personal violence. This means that no physical contact needs to occur in order for there to be an assault.
Furthermore, the threat must be immediate – a verbal threat of future violence will not constitute an assault, for example, ‘I’m going to ruin your life.’
2) That the other person did not consent to your actions
If there is physical contact, then it must be shown to be non-consensual – that is, the other person must not have given you permission to touch them.
3) That you acted intentionally or recklessly
Assault will not include situations where you accidently came into contact with another person, for example in large crowds.
The prosecution must prove that you intended to cause the other person to fear immediate personal violence, or that you did so recklessly; in other words, that you knew that your actions would cause the other person to fear immediate violence.
If your actions were reckless and resulted in physical contact, the prosecution has to prove that you realised that your actions may have resulted in some form of physical contact, however slight.
Defences to the charge include self defence, duress and necessity.
If evidence of any of these defences is raised, the prosecution must then prove beyond reasonable doubt that it does not apply.
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
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If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at firstname.lastname@example.org.