02 9159 9010
Charged with Assaulting or Resisting Police in NSW?
Assaulting, resisting, or hindering a police officer in the execution of their duty is a serious criminal offence under section 60 of the Crimes Act 1900 (NSW). Courts treat these charges with particular severity due to the role police officers play in maintaining public safety. Penalties range from 5 years for an assault without injury to 14 years where the assault causes grievous bodily harm during a public disorder.
If you have been charged with assaulting or resisting a police officer, contact Blackridge Law immediately on 02 9159 9010 for a free consultation.
Types of Assault Police Offences and Penalties
| Offence | Section | Max Penalty |
|---|---|---|
| Hinder or resist police | s 60(1AA) | 12 months and/or $2,200 fine |
| Assault police (no ABH) | s 60(1) | 5 years |
| Assault police during public disorder (no ABH) | s 60(1A) | 7 years |
| Assault police causing ABH | s 60(2) | 7 years |
| Assault police causing ABH during public disorder | s 60(2A) | 9 years |
| Wound/GBH to police (reckless as to ABH) | s 60(3) | 12 years |
| Wound/GBH to police during public disorder | s 60(3A) | 14 years |
Elements of Assault Police
To prove this offence, the prosecution must establish beyond reasonable doubt that:
- You assaulted, threw a missile at, stalked, harassed, or intimidated a person
- That person was a police officer
- At the time of the incident, the officer was acting in the execution of their duty
Under section 60(4), an assault can still be prosecuted under this section even if the officer was off duty at the time, if the assault was carried out as a consequence of, or in retaliation for, actions taken by the officer in the execution of their duty, or because the person is a police officer.
Defences to Assault Police
- Officer Not Acting in Execution of Duty: If the police officer was acting outside the scope of their lawful authority — for example, conducting an unlawful arrest or using excessive force — this may provide a defence
- Self-Defence: Where the officer used excessive or unlawful force and you responded proportionately to protect yourself
- No Assault at Law: The alleged conduct does not meet the legal definition of an assault
- Duress: You were forced or threatened into committing the act
- Intoxication: May be relevant for charges under s 60(3) where the prosecution must prove recklessness as to causing actual bodily harm
How Blackridge Law Can Help
Assault police charges are complex and heavily prosecuted. They often arise during arrests, public order incidents, or interactions where emotions run high. Our lawyers carefully review the evidence — including body-worn camera footage and CCTV — to identify whether the officer was acting lawfully, whether the alleged conduct meets the legal definition of assault, and whether any defences are available. Early legal advice is critical in these matters.
Speak with a lawyer
Charged with assaulting a police officer? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
Need legal advice?
Get clear guidance and practical support from an experienced legal team.