Assault Police – s 60 Crimes Act 1900
A criminal conviction from a charge of assaulting a police officer can destroy careers and travel plans. This is why it’s crucial to get highly experienced and realistic advice by one of the most respected and leading criminal defence lawyers in Sydney.
Your Options in Court
PLEADING NOT GUILTY
You will be not guilty to assaulting a police officer if police are unable to prove, beyond reasonable doubt, the following elements to the charge:
- You assaulted, stalked, harassed or intimidated a police officer; or
- You caused a police officer injury interfering with his or her health or comfort such as bruising; or
- You caused the police officer with permanent or serious disfiguring or cut to the interior layer of the skin. For example, broken bones or cut lip; and
- You intended to cause this injury or foresaw the likelihood of causing this kind of injury, but ignored the risk; and
- The police officer was acting lawfully
Defences to this charge
Your charge will be dismissed and you will be found not guilty in court, or even sometimes dropped early, if any one of the following defences apply to you:
- Self defence: Where you did what you did to protect yourself, someone else, or your property, and where your response was reasonable in the circumstances you perceived it at the time.
- The police officer was acting illegally, and not as he or she should have under the law
- Mistaken identity: Where you are mistakenly blamed for being the person who assaulted the officer
- Your actions were not the actual cause for the injury on the police officer
- You didn’t intend to cause the injury, or you didn’t foresee the possibility of that kind of harm occurring from your actions.
- Duress or necessity
Our Sydney team of senior defence lawyers specialise in getting charges dropped early which will be the number one focus of your case by carefully analysing the police evidence, and negotiating with police. Speak to our specialist defence team for realistic and practical advice on your best defence and how to strengthen it from the beginning to proving your innocence.
If pleading guilty, it’s important to know the below tips and hints on how to prepare to maximise your chances at getting the best possible outcome, including a section 10 non conviction. Our experienced senior lawyers will powerfully present your case to the Judge painting you in the best possible light.
25% Discount on punishment
Your punishment by the Judge can be reduced by up to 25% if a plea of guilty to a charge of assault police officer is entered at an early stage of your case. This often results in a more lenient outcome increasing any chances of a section 10 non conviction.
The amount of discount continues to reduce with the period of delay in entering a plea of guilty in court. This is why it’s critical to get experienced and realistic advice as quick as possible in your case, increasing the chances of getting the best possible outcome.
Good character references
Good character references are letters from yourself, family, friends, employer or charity organisation to the Judge expressing the great things you have done in life. Each one should express your remorse, insight and shame for committing the offence which allows the Judge to further reduce your punishment, giving you more lenient outcome.
Remember, the judge does not know who you are. A well drafted good character reference, in the correct form, if it expresses the important things, can show you are otherwise an exceptional character. Our senior lawyers will guide and review each reference letter before handing it to the Judge in court.
Negotiate to drop charges
The charge of assault police officer in the execution of duty can and on countless occasions has been dropped by police after extensive negotiations done by our senior lawyers. We take pride in specialising in getting charges dropped early or downgraded to less serious charges. This has resulted in exceptional outcomes in court for over 20 years.
Charges can be dropped by carefully analysing the police evidence, pointing to all the holes and inconsistencies in it, then strategically approaching police with this knowledge in a way that maximises your chances at success. Every case is approached differently, depending on the evidence.
The police facts sheet is a police drafted document expressing your offending conduct and extent of any injuries caused to the victim. It is one of many documents the Judge will read right before deciding on your punishment. Do not let the Judge see this if you disagree to it.
As the police facts sheet is drafted by police, it can often be one sided, telling half the truth. By pointing to the holes in the police evidence, the facts sheet the Judge reads can and often does get negotiated to make sure it reflects the truth, painting you in a much better light which can significantly reduce and lighten your punishment, increasing the chances of a s10 non conviction.
A court report from an experienced and highly respected expert psychologist or psychiatrist can allow the Judge to significantly lighten your punishment, dramatically increasing your chances of a s10 non conviction. To maximise your chances of this happening, it’s important for the report to express your remorse, insight, your perception, with an explanation of why you behaved the way you did, and whether you were suffering a mental condition at the time.
Our senior lawyers use only the most experienced leading expert psychologists and psychiatrists in Australia. They will ask the psychologist the right questions to address the important issues in your case to be reflected in the report for the Judge to read.
Judges don’t normally give maximum punishments, the maximum is rarely given, and reserved only to the severest of cases.
The maximum punishment for intimidating, stalking or assaulting a police officer where the officer has been physically hurt or injured, including bruising from your actions, is up to 5 years imprisonment.
Where this occurs in circumstances of a riot causing serious risk to public safety, the maximum punishment is up to 7 years.
Where you assault a police officer causing physical injury, the maximum punishment is up to 7 years imprisonment.
Where this occurs in circumstances of a riot causing serious risk to public safety, the maximum punishment is up to 9 years.
Where your actions cause permanent or serious disfiguring to a police officer, such as broken bone (grievous bodily harm), or cutting of the interior layer of the skin such as a split lip (wounding), the maximum punishment is up to 12 years imprisonment.
Where this occurs in circumstances of a riot causing serious risk to public safety, the maximum punishment is up to 14 years imprisonment.
Types of punishment
The Judge can give you any one of the following types of punishment. Which one the Judge decides to give depends on the above points.
- Section 10 non conviction. With or without a good behaviour bond
- Section 9 good behaviour bond
- Community Service Order
- Section 12 suspended sentence
- Intensive Corrections Order
- Home Detention
- Full Time Imprisonment
Our team of Sydney Criminal Defence Lawyers have achieved outstanding results for over 20 years, and guarantee to maximise your chances at getting the best possible outcome. Speak to them now for your free first consultation for realistic and practical advice.