What a Charge of Assault Police Means
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What does assault police mean?
Under section 60 of the Crimes Act 1900 (NSW), a charge of assault police encompasses actions including:
- assaulting,
- throwing a missile at,
- stalking,
- harassing or
- intimidating
a police officer while in the execution of the officer’s duty.
The maximum penalty for the offence varies depending on the severity of the assault.
Below is a table with the types of offences you may be charged with and their maximum penalties.
| Offence | Crimes Act 1900 (NSW) | Maximum Penalty |
|---|---|---|
| Assault, throw missile at, stalk, harass or intimidate | s60(1) | 5 years imprisonment |
| Assault, throw missile at, stalk, harass or intimidate during public disorder | s60(1A) | 7 years imprisonment |
| Assault occasioning actual bodily harm | s60(2) | 7 years imprisonment |
| Assault occasioning actual bodily harm during public disorder | s60(2A) | 9 years imprisonment |
| Wound or inflict grievous bodily harm | s60(3) | 12 years imprisonment |
| Wound or inflict grievous bodily harm during public disorder | s60(3A) | 14 years imprisonment |
What are defences to a charge of assault police?
On a case-by-case basis, our specialist criminal lawyers at the Australia Legal Practice may be able to defend a charge of assault police if:
For example:-
- Self-defence – Your actions were in the protection of yourself or another (including property), resulting in self-defence.
- Duress – The threats of another party forced you to act in a certain way, equating to duress.
- Necessity – It can be proved your actions were in necessity to prevent an ensuing greater harm.
Options when charged with assault police
Subject to your circumstances, you may choose either to:
- Plead guilty – Admit to committing the offence and breaking the law
- Plead not guilty – Deny committing the offence and breaking the law
If you decide to plead not guilty, our experienced criminal lawyers will vehemently protect your rights so that you get the best possible defence.
The best way to get off a charge of police assault is to contact our experienced criminal lawyers. Our solicitors at the Australian Legal Practice have extensive experience and specialise in criminal charges. We provide tailored advice and are armed with the right knowledge to fight your case.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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