Resisting Arrest
The offence of resisting arrest involves active non-compliance with the requests of police officers while they are attempting to arrest you. One can also be charged with this offence if they merely assist or incite somebody to resist arrest, or hinder an officer from executing their duty. Police can charge you with resisting arrest even if they decide not to charge you with the offence you were originally being arrested for.
Positive action must be taken to resist arrest, for example, struggling against the officer or running away. Mere disobedience of police orders is not an offence. The offence of resisting arrest is outlined in section 526C of the Crimes Act 1900 (NSW).
Defences include self defence and intoxication. Also, if the officer was acting unlawfully, the accused cannot be convicted.
Penalties for Resisting Arrest:
Matters are heard before the Local Court, and anybody convicted of resisting arrest could face 12 months imprisonment. If a weapon is used whilst resisting arrest or threats to injure the person are made, the offence becomes an indictable offence and the penalty increases to 12 years imprisonment. Indictable matters can be heard in higher courts. Resisting arrest using the threat of a weapon whilst in company further increases the penalty to 15 years imprisonment.
Assault and other actions against police officers
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.
An assault is any act causing another person to fear imminent harm, whether it is intentional or reckless. Therefore, an offence is committed regardless of whether there was actual bodily harm or not.
Generally, when convicted of an offence against a police officer the penalties are more severe than if the victim was not a police officer. The police officer need not be on duty at the time that the offence is committed. If charged with this offence it can be extremely beneficial to obtain legal representation by a qualified criminal lawyer as soon as possible.
This offence is prescribed under section 60 of the Crimes Act 1900 (NSW). There are a number of assault offences which you can be charged with under this section. In determining what to charge you with, the Police will consider whether you were reckless, whether you were with other people and what injuries the victim sustained.
General assault is punishable by 2 years imprisonment, however, as assault against a police officer is a more serious matter, the maximum penalty ranges from 5 years imprisonment to 14 years imprisonment.
How can Prime Lawyers Help?
If you have been changed with a resisting arrest offence or assault against police offence, there are a number of ways we can assist you in the court process. It may be possible to have your charge withdrawn or reduced by the Police. It may also be an option to defend your matter or it may be in your best interests to plead guilty. Our criminal lawyers will carefully consider your case and advise you on all your legal options and recommend the best way forward with your matter.