Assault or Obstruct Police
In Queensland, it is a criminal offence to assault or obstruct a police officer in the performance of their lawful duties. This offence is found in section 790 of the Police Powers and Responsibilities Act 2000. It's important to note that assault police offences can have serious consequences, including criminal records and damage to your reputation.
If you're facing charges, it's essential to seek legal advice and understand your rights and options.
What Does "Assault" Mean?
The definition of assault for this offence is similar to the definition used for common assault or assault occasioning bodily harm. This means it can include actions like:
- Striking, touching, or moving a police officer.
- Spitting on a police officer.
- Threatening violence towards a police officer.
- Making aggressive gestures towards a police officer, even without verbal threats.
It's important to remember that you can use reasonable force to resist an unlawful arrest.
Penalties
In most cases, an assaulting or obstructing a police charge results in fines or community service. A jail sentence is usually reserved for repeat offenders or cases involving serious violence.
- Fines up to $1,373.80 (standard)
- Fines up to $2,747.60 (if near licensed premises)
The maximum penalty units for assaulting or obstructing a police officer is 40 or 6 months imprisonment. However, this can increase to 12 months’ imprisonment if the offence happens near licenced premises.
It's important to note that these are maximum penalties, and the actual penalty you receive will depend on the specific circumstances of your case, such as your criminal history.
This is a common offence and is considered less serious than a serious assault charge under the Criminal Code, which carries a much harsher penalty. An experienced criminal lawyer may be able to negotiate your charges down to a lesser offence, such as "contravening a direction or requirement of a police officer." This can result in a less severe penalty.
Defences
There are legal or factual defences you can raise if charged.
- Duress: You were forced to act due to threats or violence.
- Necessity: Your actions were necessary to prevent greater harm.
- Self-Defence: You used reasonable force to defend yourself from an unlawful attack by the officer.
- Intoxication: Your level of intoxication significantly impaired your judgment.
What Does "Obstruct" Mean?
Obstructing a police officer means hindering, resisting, or attempting to obstruct them while they are carrying out their duties. An obstruct charge can apply to situations such as:
- Resisting a lawful arrest.
- Interfering with the arrest of another person.
- Running from police.
- Preventing lawful entry to a property.
However, there is a standard that needs to be met. The obstruction must be significant enough to make the officer's job substantially more difficult.
What do the prosecution have to prove?
To prove the charge, police must prove beyond a reasonable doubt that:
- The police officer was either obstructed or assaulted.
- The officer was carrying out their duties at the time.
Which Court Will Hear the Case?
Criminal charges of assaulting or obstructing a police officer are typically heard summarily in the Magistrates Court. This court handles what are called "summary offences," which are essentially less serious crimes with lighter penalties on the table. A typical assault or obstruction of a police officer falls under this category.
However, there's a separate, more serious charge called "serious assault" under the Criminal Code. This carries a much heavier maximum penalty (up to 7 years imprisonment) and is heard in a higher court, the District Court.
It's important to remember that even though Magistrates Court handles these cases, they can still be serious and carry significant penalties. If you're facing such a charge, talking to a lawyer is crucial. They can help you understand your options and potential defenses.
- Defence of Another Person: You were reasonably defending someone else from unlawful harm by the officer.
- Officer Not on Duty: The officer was not acting in their official duties at the time.
- Complainant Not a Police Officer: The person alleging the assault/obstruction wasn't actually a police officer.
- Trivial Assault: The alleged assault was minor and inconsequential.
What to do if charged
If charged, seek legal advice from an experienced criminal defence lawyer. You have the right to remain silent and should not answer questions or participate in an interview with police without a lawyer present.
Remember, an experienced criminal lawyer will look at police evidence and may be able to negotiate your charges down to a lesser offence, resulting in a less severe penalty. Contact a legal professional for a free case evaluation and representation.
If you need assistance with an assult charge, contact David Cole for expert legal representation and advice.
David Cole is a devoted criminal lawyer & barrister with ample practical experience in Court. Contact David Cole on (07) 5630 4000.
David represents his clients all throughout Australia. He is also available for representation and counsel throughout Queensland and NSW in the Tweed Heads, Byron Bay, Sunshine Coast, Cairns, Townsville, Mackay, Maryborough, Gladstone and Proserpine regions.
To avoid tough penalties & jail you need an experienced Lawyer to defend you. For the best possible outcome in your case, speak with David. Use the contact form or call now on 0407 322 955. (Available 24/7)Have you been charged?