Assaulting a police officer
In Queensland, there are quite a number of incidents where front line police officers are being assaulted in the conduct of their official duty.
A person arrested for committing a crime will be facing an additional charge which is assault occasioning bodily harm or assault occasioning grievous bodily harm if the police officer suffered serious injuries. The maximum penalty imposed is 7-10 years jail time if the accused used a dangerous weapon in the commission of the crime or in a company.
There are different assault crime in Queensland as defined in the state’s criminal code. Some are more serious than common assault, the latter has a maximum penalty of 3 years imprisonment. The following are graver than common assault: sexual assault, serious assault, assault occasioning bodily harm and assault occasioning grievous bodily harm.
A common or simple assault is an offence where no physical injury was inflicted upon the person of the police officer being assaulted but an attack has indeed committed against the latter. Actual contact is not required in order to accuse someone with the crime of common or simple assault.
A person accused of any serious assault committed against a police officer is without no defence to refute the charges. The defences available to him or her are accident, provocation or self-defence. Currently, under the criminal code, and statistically speaking, most of the crimes of assault filed in court were meted out the penalty of fine and jail time. The jail time is subject to parole by the court upon application by the convicted accused.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.