Assault or Resist a Police Officer
Assaulting a police officer is a serious criminal offence in Australia. It applies when a person intentionally or recklessly assaults a law enforcement officer while they are carrying out their official duties.
The offence of assaulting a police officer applies to various actions, including:
- Physically attacking or making unlawful contact with an officer
- Spitting at or throwing objects at an officer
- Using threats or intimidation to hinder an officer’s duties
- Any form of harassment intended to obstruct law enforcement
The law protects police officers from any form of interference while they are performing their official duties, including making an arrest, conducting an investigation, or responding to an emergency.
Under Section 60 of the Crimes Act 1900 (NSW), it is an offence to assault, stalk, harass, or intimidate a police officer while they are executing their duty. The penalties for this offence depend on the severity of the assault:
- Basic offence: Up to 5 years' imprisonment
- If actual bodily harm is caused: Up to 7 years' imprisonment
- If grievous bodily harm is caused or with intent to cause harm: Up to 12 years' imprisonment
Courts treat assaults on police officers with significant seriousness due to the nature of their role in maintaining public order.
Elements the Prosecution Must Prove
To convict a person of assaulting a police officer, the prosecution must establish beyond a reasonable doubt that:
- An assault occurred – The accused engaged in an act of physical force or intimidation against an officer.
- The victim was a police officer – The person assaulted was an active-duty police officer at the time of the incident.
- The officer was acting in the course of their duty – The officer was performing a lawful function under their authority.
- Intent or recklessness – The accused intended to assault the officer or acted recklessly without regard for the consequences.
The prosecution must also prove that the police officer was not acting unlawfully or using excessive force at the time of the incident.
Possible Defences
There are several legal defences available for those charged with assaulting a police officer, including:
- Self-Defence – If the accused acted in self-defence against unlawful or excessive force by the officer.
- Duress – If the accused was forced to commit the act under threats of harm.
- Lack of Intent – If there was no intention to assault the officer, or the act was accidental.
- Unlawful Conduct by Police – If the officer was acting outside their legal authority or using excessive force, the defence may argue that the accused was responding to unlawful conduct.
A skilled defence lawyer can assess the case and determine the best strategy to challenge the charges.
Potential Penalties
The penalties for assaulting a police officer vary depending on the severity of the offence, including:
- Section 10 Dismissal – No conviction recorded
- Conditional Release Order (CRO) – A good behaviour bond without conviction
- Community Correction Order (CCO) – A supervised order with conditions
- Intensive Correction Order (ICO) – A custodial sentence served in the community
- Imprisonment – A custodial sentence served in prison
The sentencing outcome depends on factors such as the nature of the assault, prior convictions, and mitigating circumstances.
Legal Process
& Options
If you are charged with AOABH, the legal process typically involves multiple stages, including an initial police investigation, a court hearing, and potentially a trial.
Pleading
Not Guilty
If you believe you did not commit the offence or there is insufficient evidence against you, you can plead not guilty. Your legal team may challenge the prosecution’s case by:
- Examining the officer’s conduct during the incident
- Arguing that the assault did not occur as alleged
- Establishing a legal defence, such as self-defence or lack of intent
If the prosecution cannot prove the charges beyond a reasonable doubt, you will be found not guilty and the charges will be dismissed.
Pleading
Guilty
If you admit to the charge, you may choose to plead guilty. Doing so may result in a reduced sentence, as courts often consider an early plea as a sign of remorse. The court may also consider mitigating factors such as:
- A previously clean criminal record
- Demonstrating remorse and cooperation with authorities
- Evidence of rehabilitation or character references
Depending on the case, a lawyer may negotiate for a lesser penalty, such as a conditional release order instead of imprisonment.
Frequently Asked Questions
No items found.
No items found.
SUCCESS CASES & ARTICLES
Brightstone Defence provides precise criminal defence services all year round and has accumulated a large number of successful cases.
Meet our lawyers
Testimonials
WORLD CLASS
REPRESENTATION
100+ 5 Star Reviews
Personalised legal strategies tailored to each case
Recognised leaders in criminal defence law
Free initial consultation and case evaluation
Proven success in high-stakes and complex cases
This law firm was a lifesaver during an incredibly stressful time as I’m facing serious charges. Alex and his team help me and provide thoughtful recommendations for my legal matter. The whole process was easy throughout and professional. I highly recommend this firm to anyone in need of trustworthy legal help.
Fengrui T
When you encounter any problems in life and need help, just look for these two lawyers. They will definitely do their best to help us, especially with criminal issues. Alex Cao, Alex Zhao, and Cherry (I've faced serious charges in the past.）If you have any legal problems, just contact them, they are the best choice! PERFECT!
David
Thankfully, with the patient support and detailed investigation by Lawyer Cao and his team, the case finally concluded with me being acquitted and released without charges. This case dragged on for two years—it was mentally and emotionally draining. But thanks to Lawyer Cao and his team, who didn’t give up even after losing the first trial, I was eventually found not guilty at the final ...
Lyt
Brightstone Legal. Mr Alex Cao of Brightstone Legal and his team guided me through every steps of my case, they are experienced, effective and efficient. Delivered results beyond and above everyone’s expectations. I am really grateful to have the chance to hire him and received help from his team. I recommend this already highly reputable law firm to everyone!
XNN
I’m extremely grateful to Lawyer Cherry for helping my boyfriend achieve a very favorable outcome. Cherry and Alex Zhao were both very attentive, taking the time to clearly explain the process and provide us with detailed and professional legal advice. Their dedication made us feel confident that we had chosen the right lawyers and placed our trust in the right people. In the future, I will definitely recommend Brightstone Criminal to any friends in need of legal assistance. Thank you ...
Venus C
I considered myself is very lucky to have Alex Cao as my lawyer and work with his team over the past several months. Alex Cao is excellent lawyer who is highly competent legal practitioner. He and his team showed great dedication, professionalism and compassion throughout my case this helped me so much when I was at my lowest. Huge appreciation to Alex Cao who spent a lot of time on my matter and successfully helped me got the best possible outcome that is truly a relief ...
Xuefeng L
I am truly very thankful to Brightstone’s Lawyer Alex Cao, as well as his assistant and colleagues, for helping us win the case. Mr Cao and his team were extremely professional, not only in their legal knowledge but also in patiently answering all of our questions. They demonstrated great patience, approachability, and empathy throughout the process, and paid close attention to every detail, which was a huge help. Finally we achieved the best possible outcome for our case.
Hannah H
First of all, I would like to thank Alex Cao from Brightstone Legal. My case isn’t an easy one, I was set up by my ex partner, it was stressful and heart broken. The amazing lawyer, Alex Cao went above and beyond to assist with the matter. He was professional, knowledgeable, and always available to answer any questions I had. Indeed, I lost for words at how professional, knowledgeable and experienced he is. He took lot of efforts to handle my case and finally managed to achieve best ...
Rachel Y
Extremely professional legal services — thank you to Lawyer Alex Cao and his team for all the help they gave me. I was very fortunate to have found Lawyer Alex Cao right at the moment I encountered difficulties. With his help, I was able to avoid many complicated problems and resolve a major crisis. Over the course of a year working with him, Lawyer Cao not only provided me with legal assistance, but also offered emotional support that helped me pull through times ...
Jason G
When I was facing difficulties and feeling overwhelmed, the team at Brightstone Legal provided me with immediate and professional assistance. From the receptionist quickly arranging my appointment to Criminal Lawyer Alex Cao patiently organising the key points of my case and providing precise legal analysis. They not only fought for my best interests but also helped me save 70% of my legal fees. I’m truly grateful ...
Elizabeth W
Sharon Yu was efficient, organised and kept it simple. She adapted quickly to an unfamiliar situation and she ensured, given unfamiliarity, to be well-prepared. She helped me get through a legal matter, cared and did a thorough job. Her assistants also. I recommend Sharon Yu and Brightsone Legal to any person needing legal assistance and advice. As a person of mostly Anglo background I had a good experience interacting with 4 Chinese staff ...
Caitlin G
Alex Cao has demonstrated excellent professionalism and competence, second to none. Through his intelligence, dedication, skills, and in collaboration with Angela Cook, they've restored my life back in order.
Jason C
Compared several legal institutes, I am very glad I finally made this right choice. Thanks very much for Alex Cao's excellent service as my solicitor. He is so professional, nice and patient with a silver tongue and a very quick thinking under different situations. Highly recommend!
Alan
A huge thanks to Alex, He made such a thorough effort for my case giving me a great result at the end of my trial, Alex is very nice, patient and has a great attention to detail, I highly recommend anyone to seek legal advice with brightstone!!!
Tobias S
To Alex Zhao and Alex Cao, I want to express my heartfelt appreciation for your outstanding legal expertise and dedication. Your relentless efforts, attention to detail, and unwavering support have been instrumental in resolving my case successfully. Your professionalism and genuine concern for my well-being have left a lasting impact. Thank you for being exemplary legal advocates. I am truly grateful to have had you by my side.
J
I was facing a legal situation that was causing me a lot of stress and uncertainty, and I am so grateful to have found Alex Cao. His team was professional, attentive, and genuinely caring about my situation. I wholeheartedly recommend Alex Cao to anyone in need of top-notch legal assistance. Their professionalism, knowledge, communication, and genuine care for their clients set them apart.
LIANG W
Brightstone legal team provides excellent and professional service for us and help us to achieve the best outcome. We really appreciate the help from Brightstone legal team especially Alex Cao. We will highly recommend to anyone if they need any legal help.
Iris K
Alex zhao and Alex cao are very professional and responsible, excellent analysis and handling of the case, and got the best result! The best lawyer I've ever seen in Sydney!
Tony
I am deeply grateful to Attorney Cao (Alex) and his team for their professional, compassionate, and knowledgeable representation. They helped me obtain a favorable court result and I am confident that justice has been served. I highly recommend them to anyone who needs legal assistance.
Jimmy L
I'm really appreciate Alex as well as Sharon who took over my case from a year ago. Not only have they developed effective strategies coping my court case, but they also helped me achieved unexpected result, which won't affect my visa and potential permanent residency, and I'm grateful to what they have put a lot effort into in the last year.
Humphrey B
It's an incredibly professional and efficient team that saved me from the very beginning. A big thank you to Alex Zhao and the entire team for their hard work and dedication.
Milos P
I am truly honored to have received help from Alex and his team. With their support, I was able to achieve the best possible outcome in the shortest time and lowest cost. Throughout the entire process, the team maintained highly efficient communication, patently and thoroughly explaining and analyzing every detail, they demonstrated great adaptability, carefully weighing the pros and cons, and working closely with me to determine the best course of action ...
Lei Z
Get instant estimated Quotes
and a free consultation session
Facing criminal charges? Our experienced defence lawyers are here to help. Book your free consultation now to discuss your case and understand your options.
