Assault or Obstruct Police Officer

If you have been charged with an offence concerning assault or obstruction police officer, you might be wondering what has been alleged. In Queensland it is unlawful for a person to obstruct or assault a police officer. Section 790(1) of the Police Powers and Responsibilities Act 2000, provides two similar charges, but for the words “assault” and “obstruct”.

The term “assault” draws its definition from section 245 of the Criminal Code Act 1899, which is examined in an article drafted by one of our criminal lawyers. A very quick example may include punching or kicking a police officer, whilst the police officer is performing their duties. If you are charged with obstructing a police officer, the charge is less serious.The term “obstruct” unlike assault, draws its definition provided, which includes hinder, resist, and attempt to obstruct. An example of this may be where a police officer provides a direction or requirement, and the person under arrest refuses.

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How Was I Charged?

The charge concerns an assault of a police officer or obstructing a police officer. This will occur when a police officer is usually providing a direction or requirement and the person charged refuses. The terms “obstruct” and “assault” not only have different meanings but can also play a significant role on penalty if a person pleads guilty or is convicted of an offence under this section.

Ordinarily, an offence concerning assault or obstruct will result in a maximum penalty of 40 penalty units or 6 months imprisonment. However, the penalties can be further aggravated if the assault or obstruction happens within a licensed premises, or in the vicinity of the licensed premises. The circumstance of aggravation can result in an increase in the maximum penalty of 60 penalty units of 12 months imprisonment.

Our experience recognises that these charges often stem from offences such as public nuisance and/or failure to leave licensed premises. As a result, there may be a higher prevalence of such offences in areas like Fortitude Valley and Brisbane. If you have been charged with an offence concerning assault police officer or obstruct police officer, we recommend contacting our firm for assistance in this matter.

Complimentary Case Assessment

If you have been charged with an assault, no matter how serious, it can be particularly stressful as there are often concerns about the consequence of any penalty imposed. Depending on the type of penalty imposed, there may be ramifications for a person’s career, reputation, and livelihood.

We recognise the stresses and concerns associated with any criminal charge. To address this, we provide a complimentary case assessment at Aegis Criminal Law. The purpose of this is to identify the concerns and develop a strategy to obtain the best available outcome. As each assault charge is unique, the complimentary case assessment also allows our firm to provide tailored advice and recommendations.

If you have been charged with an offence, we are available to discuss your matter and address any immediate concerns. To ensure the right legal advice is received, all our complimentary case assessments are with a criminal lawyer. To organise this, send us a message or call 0401 999 347.