Assault Police

In Victoria, the maximum penalty for assaulting a police officer is 5 years’ imprisonment. The Victorian offence of Assaulting a Police Officer is covered by a provision that also includes assaults on other emergency workers. The offence is contained in section 31(1)(b) of the Crimes Act 1958. 

In order for a person to be found guilty of this offence it must be proven that they assaulted or threatened to assault, resisted or intentionally obstructed an emergency worker on duty, knowing or being reckless as to whether the person was an emergency worker.

What is Assaulting Police?

The following acts constitute Assaulting a Police Officer:

• You get into a fight at a bar and when police try to escort you out you resist arrest and spit on them.
• Police attend your residential address to execute a warrant for your arrest and as you refuse to go with them you push them to the ground.

What Must Be Proven?

To find a person guilty of Assaulting a Police Officer or Other Emergency Worker under this section, the police must prove each of the following elements beyond a reasonable doubt:

• They assaulted, threatened to assault, resisted or intentionally obstructed a member of the police force, or a person aiding a member of the police force or another emergency worker;
• At the time of the offence, they knew or were reckless as to whether the person was a member of the police or another emergency worker;
• At the time of the offence, that police officer or emergency worker on duty.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Assaulting Police is an indictable offence that can be heard in either the Magistrates’ Court or County Court depending on the seriousness of the circumstances and the attitude of defence and Prosecution.

Possible Defences

The following defences may be available for a charge of Assaulting a Police Officer:

• The person was not a police officer or emergency worker acting in the execution of their duties;
• That the accused did not and could not reasonably have known that the victim was a police officer or emergency worker;
• That the accused acted in self-defence. 
• That the accused’s actions were accidental

Common Questions about Assaulting Police

Will I receive a criminal conviction?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this. 

In VIC, a Court can impose any of the following penalties for this charge.

• Jail
• Community Corrections Orders (CCO)
• Fine
• Adjourned undertaking

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to jail?

Yes, you can be sentenced to a term of imprisonment for Assaulting Police, as it is a serious violent offence in Victoria and carries a maximum penalty of 5 years imprisonment. Imprisonment, however, is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome. 

Please note that section 10AA of the Sentencing Act 1991 states that a Court must impose a custodial sentence for certain offences against emergency workers, custodial officers and youth justice custodial workers on duty, unless a Court finds that a special reason exists.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.