Assaulting a police officer offences that our assault & violence defence lawyers provide legal representation for
We can provide legal representation for assault against police officer matters and other assault related offences across Queensland. Here is a list of offences our legal team can represent you for:
- Serious assaults
- Common assaults
- Grievous bodily harm (GBH)
- Wounding
- Unlawful striking causing death
- Domestic violence-related assault charges
- Threats
Assaulting Police Officer Charges
In Queensland, assaulting, obstructing or resisting a police officer can lead to different types of criminal charges depending on the seriousness of the incident. There are two main ways you can be charged: either under the Criminal Code or under the Police Powers and Responsibilities Act 2000 (Qld) (PPRA).
Criminal Code
If the conduct is considered more serious, you may be charged with serious assault under the Criminal Code. This generally applies in cases where there are aggravating circumstances such as:
- The police officer is bitten, spat on, or has bodily fluids or faeces thrown at them
- The officer suffers bodily harm
- The person is armed, or pretends to be armed, with a dangerous or offensive item
In these cases, the prosecution can choose to have the matter dealt with on indictment, meaning it will be transferred to the District Court. These matters are treated more seriously, often resulting in harsher consequences.
PPRA
Where the conduct is less serious, such as resisting arrest or interfering with police duties without causing harm, the charge will usually be laid under the PPRA. This is known as assault or obstruct police. These types of matters:
- Are dealt with as simple offences
- Are heard in the Magistrates Court
- Often involve no physical harm or aggravating behaviour
- Are more common for first-time or low-level incidents involving police
The type of charge you face will determine how your case progresses through the court system and what kind of legal penalties may apply.
If you’re unsure of the charges brought against you, call us on 1300 11 22 12 for a free confidential consultation.
Examples of assaulting police officers:
- Physically assaulting a police officer
- Attempting to strike a police officer
- Resisting arrest – this can include pulling away, struggling or running off
- Deliberately obstructing police from speaking with or arresting another person
- Blocking access to a scene or vehicle while an officer is performing their duty
- Throwing items, pushing or spitting at police officers
- Verbally threatening or acting in an intimidating manner that interferes with police work
Possible defence strategies for assaulting a police officer in QLD
- Self-defence: Reasonable force used to protect yourself.
- Defence of another: Protecting someone else from harm.
- Consent: The other person agreed to the contact (e.g. during sport).
- Accident: The act was unintentional and not foreseeable.
- Provocation: You were provoked and reacted immediately before cooling off (limited use).
- Duress: You were forced to act under threat or coercion.
- Mental impairment: You lacked capacity to understand or control your actions.
What are the maximum penalties for assaulting a police officer in QLD
| Type of Offence | Legislation | Maximum Penalty |
|---|---|---|
| Serious Assault (Police Officer) | Criminal Code | Up to 14 years imprisonment if:
Otherwise, up to 7 years imprisonment |
| Assault or Obstruct Police | Police Powers and Responsibilities Act | Treated as a simple offence. Maximum penalty: typically a fine up to $9,678 or 1 year imprisonment. |
Donnelly Law Group- Serious Assault Police Officer Case Study
- Client: “A”
- Court: Brisbane Magistrates Court (Roma Street)
- Charges: 2 x Serious assault police officer (pretending to be armed with a weapon)
Background
Our client, “A”, appeared before the Brisbane Magistrates Court in relation to a domestic incident that escalated into two charges of serious assault against police. Police were called to an address in Arana Hills following reports that A had smashed a window and was behaving erratically.
Upon police arrival, A was seen approaching officers while yelling abuse. He was armed with a metal pole approximately one metre long, which he threw toward the officers. After briefly walking away, A returned holding a second, larger metal pole approximately 2.5 metres in length, which he also threw at police, striking one officer on the shin and foot.
A then jumped a fence and continued to approach the officers aggressively. Police deployed a taser and were able to safely arrest him. A was subsequently issued with a Notice to Appear for two counts of serious assault police officer, with allegations that he pretended to be armed or was armed with an offensive instrument.
Outcome
A was sentenced in the Brisbane Magistrates Court and received 12 months probation. Importantly, no conviction was recorded, which is a significant result given the seriousness of the charges.
If you’ve been charged with assaulting a police officer, call us on 1300 11 22 12 for a free confidential consultation.
Why choose Donnelly Law Group to defend your assaulting a police officer charges in QLD?
Extensive experience defending assaulting a police officer charges across Brisbane, Gold Coast & Regional Queensland
At Donnelly Law Group, we have represented many clients charged with assaulting police officers across the state of Queensland. We understand the seriousness of these matters and apply proven legal strategies to help our clients achieve the best possible outcome in court.
Local expertise
Our lawyers appear regularly before the courts across Brisbane and the Gold Coast. We understand the local court processes and have strong relationships with police prosecutions, helping you obtain the best possible outcome.
Personalised approach for every assaulting a police officer charge to help achieve the best outcome for our clients
Donnelly Law Group prides itself in providing personalised support for each of our clients. We understand that you’re more than just a name, we want to know your story and the events that led up to the charge. Our lawyers help you understand the legal process, providing you with clear strategic advice.
Book An Appointment.
Our legal strategy for serious assaulting a police officer offences across Brisbane & Gold Coast (QLD)
We provide legal representation for serious assault across Brisbane, Gold Coast and regional Queensland. Whether you have been charged with assaulting a police officer or common assault, Donnelly Law Group is here to provide experienced representation and support throughout the legal process.
Initial consultation
During the initial consultation our lawyers will explain your legal rights and the charges against you. We will provide you with legal options moving forward.
Case assessment
Our experienced assault lawyers will review your case, analyse evidence from the prosecution and determine the strengths/weaknesses of the case against you.
Developing a defence strategy
After reviewing your case and evidence, our lawyers will create a defence strategy tailored to your unique circumstances. Where possible, our lawyers will negotiate with the prosecution to reduce penalties or have the charges dismissed.
Court representation
Our lawyers are prepared, skilled and determined to relentlessly advocate on your behalf in court. We follow your instructions and ensure your defence is presented professionally before the courts.
Assaulting a police officer charges FAQs
What should I do if the police want to talk to me about assaulting a police officer?
Avoid answering any questions related to the offence until you have talked to a lawyer. You will need to provide your name and licence if required.
Do I need a lawyer for an assaulting a police officer charge?
Yes – a lawyer can explain your rights, assess the evidence, and help secure the best outcome.
When should I contact a lawyer about my assaulting a police officer charges?
As soon as possible.
Will my assaulting a police officer offence lawyer represent me in court?
Yes – our lawyers will represent you in court and aim for the best possible outcome.
What legislation covers assaulting a police officer offences in Queensland?
In Queensland, assaulting a police officer is covered under section 340 of the Criminal Code for serious assaults, and section 790 of the PPRA for less serious cases like obstruction.
What are the penalties for assaulting a police officer in Queensland?
- Serious assault: Up to 7 years imprisonment, or 14 years if there are aggravating factors like bodily harm, spitting, or use of a weapon.
- Assault or obstruct police: Up to 12 months imprisonment or a fine of up to $9,678, depending on the severity of the offence. Typically, first time offenders will often receive a fine.
How much does it cost to hire an assault lawyer from Donnelly Law Group?
At Donnelly Law Group, we understand that legal costs can be a burden. That’s why we offer transparent fixed-fee services with the flexibility to pay in instalments with no hidden fees.
For a free case assessment, call us on 07 3999 8661 for a free case review.
Can Donnelly Law Group help me with assaulting a police officer offences outside of Brisbane & Gold Coast?
Yes – we regularly appear for many clients located in regional Queensland.
