What is the penalty for assaulting a police officer?

 

The assault of police officers is a serious offence, mostly because of the vulnerable position police are placed in and also for the need to send a message to the community that assaults on police will be treated seriously by the courts.

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.

There are many different types of penalty that apply for police assault. The maximum penalties range from 5 years imprisonment (where no injury in caused) to 14 years imprisonment (where the police officer is wounded).

 

Section 60 of the Crimes Act states:

(1) A person who assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.

(1A) A person who, during a public disorder, assaults, throws a missile at, stalks, harasses or intimidates a police officer while in the execution of the officer’s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 7 years.

(2) A person who assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.

(2A) A person who, during a public disorder, assaults a police officer while in the execution of the officer’s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 9 years.

(3) A person who by any means:

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and

(b) is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 12 years.

(3A) A person who by any means during a public disorder:

(a) wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty, and

(b) is reckless as to causing actual bodily harm to that officer or any other person,

is liable to imprisonment for 14 years.

 

What is the penalty for assaulting a police officer if it is my first offence?

If you are a first offender, and to not have any convictions on your record, you will have prospects on getting your charge dealt with by way of a Section 10, without conviction. The statistics say that 28% of first offenders are dealt with by a Section 10.

For more information on Section 10, and to see case studies where we have achieved Section 10 for previous clients, go to:

https://lylawyers.com.au/criminal-law/section-10/

For more information on assauting police in general, and to see case studies where we have successfully represented others, go to:

https://lylawyers.com.au/criminal-law/criminal-offence/assault-police/

 

Is there any other penalty for assaulting a police officer?

Courts consider assault police charges as very serious, however, if you have a reasonable criminal record (not a lengthy one containing violence offences!) you will likely escape a sentence of full time imprisonment.

Penalties for assault police can range from just a fine, good behavior bond, community service or an ICO or suspended sentence. The sentence will depend on various factors, including your personal circumstances, your criminal record, and the seriousness of the alleged assault.

If you have been charged with assaulting a police officer, it is important that you call us on 1300 595 299 immediately.