Assault and other actions against police officers is an extremely serious form of assault. As the name suggests, it is applicable where it is alleged that an assault or some other action has been committed against a police officer. It is possible that you can be imprisoned for this offenceand thus you should take this charge seriously.
This offence is prescribed under section 60 of the Crimes Act (NSW).
Types of offences and penalties
There are several offences you can be charged under for an assault or other action against police officers. They are outlined in the following table:
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Offence
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Penalty
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Assault, throws a missile at, stalks, harasses or intimidates a police officer although no actual bodily harm is occasioned to the officer
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Maximum imprisonment for up to 5 years.
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During a public disorder, a person who assaults, throws a missile at, stalks, harasses or intimidates a police officer although no actual bodily harm is occasioned to the officer
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Maximum imprisonment for up to 7 years.
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Assault a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm
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Maximum imprisonment for up to 7 years.
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During a public disorder, a person assaults a police officer and by the assault occasions actual bodily harm
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Maximum imprisonment for up to 9 years.
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A person who recklessly by any means:
a) wounds a police officer, or
b) inflicts grievous bodily harm on a police officer
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Maximum imprisonment for up to 12 years.
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A person who, recklessly by any means, and during a public disorder:
a) wounds a police officer, or
b) inflicts grievous bodily harm on a police officer
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Maximum imprisonment for up to 14 years.
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Defences
If you have been charged with an assault or some other action against a police officer , there may be a number of defences available to you, which could in turn find you ‘not guilty’ of the offence. Such defences may include:
1. Self Defence - You were defending your self
2. Necessity – It was legally necessary for you to commit this offence
3. Duress – You were forced to commit this offence by another party.
4. Challenging the legitimacy of the charge on legal technicalities
How can Prime Lawyers help?
The criminal law team at Prime Lawyers are experienced in handling these matters. We are experienced in both defending assault matters at a court trial, and representing those who wish to plead guilty to assault offences such as this offence.
If you are pleading guilty, our criminal solicitors can advise you on what penalties you are facing and how they can help you minimise the penalty ordered by the Court. Your freedom is at stake and our criminal lawyers will fight vigorously at Court to protect this. If required, we also have access to some of the best criminal barristers and senior counsel in the country.
Please contact our firm on (02) 9521 2222 to speak with one of our criminal lawyers today. Alternatively email your enquiry to us and we will contact you shortly.