Hinder / Resist / Assault Police

Hinder / Resist / Assault Police

Cooperating with Police is a key principle of the Australian legal system. As such, when deemed to be hindering, resisting or assaulting Police, you may face charges. Our expert criminal lawyers can speak to you  about reasonable defences and assist you in navigating these processes.

Hindering Police

It is an offence to make it more difficult or hinder a police officer completing their duties. This includes interference, disturbance or obstruction. This applies even when a police officer is off duty.

The maximum penalty here is a fine of $2500 or 6 months in prison.

Resist Arrest

Resisting arrest applies to situations when a person physically resists or does not cooperate with an arrest by Police.

The maximum penalty here is a fine of $2500 or 6 months in prison.

Assault Police

If you assault a police officer whilst they are completing their duties, you may be charged with assaulting a police officer. In these scenarios, the Police will have the choice to pursue charges against a person or not.

The maximum penalty here is a fine of $10,000 or 5 years in prison.

Assault

An assault occurs when there is intention or unwanted physical contact made with another and the common examples are punching, hitting, and slapping etc.

An assault however can also occur by things that may be said or as a result of how a person may be approached.  The offence does not need physical contact to be proved.

As assault is not likely to be proved in circumstances where there may be a glancing  of contact in a crowd for example, or if you push past someone in a crowded space, it is an offence that occurs in a more hostile environment and is one that causes a person, the victim, to be in fear of their safety.

There may be defences available to a charged person such as self-defence of yourself, another or property,  permission (boxing match for example) or even an involuntary act.

Maximum penalties vary from 2 years imprisonment for a basic offence up to 3 years for an aggravated offence.

If however the offence involves an assault against a police officer or emergency worker, or prison officer etc the penalties are higher.

We suggest contacting our office for further information as soon as possible.