What happens if u assault a police officer?

What happens if u assault a police officer?

Assault is a criminal offence. Assaulting a police officer is deemed an ‘aggravated assault’ – and is treated more seriously by the courts. Under section 89 of the Police Act 1996: It is a criminal offence to assault a constable in the execution of his duty, or a person assisting a constable in the course of his duty.

When is it an offence to assault a police officer?

The police officer must have been acting in the course of his duty. These elements are not defined by statute and it is for the courts to interpret their meaning. Assaulting a police officer can happen at any time when a police officer comes into contact with the public and there is the potential for a police officer to be assaulted.

Do you have to fight assault charges alone?

But you don’t have to fight the charges alone. At Sydney Criminal Lawyers®, we have a reputation for consistently defending and winning ‘assault police’ cases by raising issues with excessive police conduct – so you can count on us to protect your innocence. What is the Offence of Assaulting a Police Officer?

What happens if you obstruct a police officer?

On conviction of obstructing a police officer under section 89, the offender can be sentenced to up to 1 month in prison and/or a fine of £1000. Article written by… A former solicitor, Nicola is also a fully qualified journalist. For the past 20 years, she has worked as a legal journalist, editor and author.

Can a person fight back against a police officer?

Police are generally fair and reasonable when carrying out their duties, however, in some cases they have been known to use excessive force when dealing with members of the public. In these circumstances, you may react to the excessive force by fighting back or attempting to defend yourself.

Is it an offence to assault a police officer?

Simple assaults on police or emergency workers are governed by Section 31 of the Crimes Act 1958. Section 31 covers the followingS five situations: 1. Assaulting or threatening to assault a person with intent to commit an indictable offence (it should be noted that this offence does not apply to emergency workers);

How is assault and battery on a police officer determined?

In order to be found guilty of assault and battery on a police officer or public employee, a prosecutor must prove the six following elements beyond a reasonable doubt: That you, as a defendant, touched the police officer or public employee without having any right or excuse for doing so;

But you don’t have to fight the charges alone. At Sydney Criminal Lawyers®, we have a reputation for consistently defending and winning ‘assault police’ cases by raising issues with excessive police conduct – so you can count on us to protect your innocence. What is the Offence of Assaulting a Police Officer?

Where do I go to file charges after an assault?

Keep in mind, some jurisdictions join the terms assault and battery to describe cases that involve elements of both crimes. When you have made the decision to file charges after an assault, you need to visit your local police department.