Assaulting Police Charge?
If you are facing an assaulting police charge, you are likely feeling anxious about what comes next. We stand with you to protect your future.
Assaulting Police Charges in South Australia
Assaulting police is a very serious matter in South Australia. An assault on a police officer (or other prescribed emergency worker) is treated harshly by the courts, with severe penalties including possible imprisonment.
Police and prosecutors take these charges seriously because they involve the safety of law enforcement personnel. Sometimes a relatively minor scuffle can lead to this charge, especially in heated situations like during an arrest or public disorder.
Talon Legal are experts in defending assault cause harm charges and have a proven track record of securing charge withdrawals, acquittals and without conviction outcomes.
Book a same-day free 30-minute consultation or (08) 7094 2021 now to speak with a senior criminal defence lawyer today.
What is the Offence of Assaulting Police?
Assaulting a police officer refers to any unlawful assault committed against an on-duty police officer (or certain other emergency workers) in the execution of their duty.
In South Australia, this offence is defined under section 20AA of the Criminal Law Consolidation Act 1935 (SA). Essentially, any act that intentionally or recklessly applies force to a police officer, or even threatens to do so, can constitute an assault. This includes:
- Hitting;
- Pushing;
- Throwing objects (like a bottle or rock);
- Spitting on, or otherwise attacking an officer; or
- Even attempts or threats can count if they cause the officer to fear immediate harm.
The police officer must be acting in the course of their duties (or the attacker believes they are) for the charge to apply. If the officer was off-duty or acting outside their lawful duties, that could be relevant to your defence.
Because of the gravity of the offence, assaulting police charges often proceed as indictable matters in higher courts, although less serious instances may be heard summarily in the Magistrates Court of South Australia.
Read our complete guide on prescribed emergency workers and occupations in South Australia.
Penalty for Assaulting Police in SA
| Offence Category | Maximum Penalty |
|---|---|
| Causing or intending to cause harm to a prescribed emergency worker | 15 years imprisonment |
| Recklessly causes harm to a prescribed emergency worker | 10 years imprisonment |
| Assaulting prescribed emergency worker | 5 years imprisonment |
| Causing harm by hindering or resisting a police officer | 10 years imprisonment |
Additionally, courts can order compensation be paid to the officer for any injuries or damage to equipment (such as a broken police radio or uniform).
Courts treat assaults on police as very serious because they are considered an attack on public order and authority. Even first-time offenders may face prison time if the circumstances are grave (for instance, a deliberate attack resulting in injury).
For more minor cases (e.g. a scuffle causing no injury), penalties might range from a conviction with a hefty fine or community service, up to short jail terms. A conviction for this offence will result in a criminal record, which can impact your employment, travel, and future. This is another reason why mounting a strong defence is critical.
Consequences Beyond Sentencing
Aside from the legal penalties, being found guilty of assaulting a police officer has other serious consequences. You may have difficulties maintaining or finding employment (especially in jobs that require background checks), and international travel could be restricted.
If you hold any professional licenses or firearms licenses, those could be jeopardised by a conviction. Our criminal defence lawyers in Adelaide understand these high stakes and will work to minimise the impact on your life.
For example, by advocating for lesser charges or seeking a no conviction recorded if the circumstances allow (though for this offence, non-conviction outcomes are rare, they can be argued in exceptional cases).
Defence to Assault Police Charges
Facing a charge of assaulting police does not mean you will automatically be convicted. There are several defences and strategies we can explore, depending on the facts of your case.
Self-Defence
In South Australia, there is no self-defence in response to a person who is purporting to exercise a power of arrest or some other power of law enforcement unless the person genuinely believes, on reasonable grounds, the other person is acting unlawfully pursuant to section 15(4)(a) of the Criminal Law Consolidation Act 1935 (SA).
No Intent / Accident
Assault generally requires an intentional act. If physical contact with the officer was accidental or incidental (for example, in a chaotic crowd situation), or you lacked the intent to apply force, this can be a defence. We may argue you lacked the necessary intent to commit an assault.
Officer Not Acting in Execution of Duty
If the officer was acting unlawfully or outside their duty (for instance, using unjustified force or not identifying themselves as police), it might negate the charge. The law protects officers doing their job, not those acting improperly.
Mistaken Identity
In some chaotic incidents, police might misidentify who struck them. There may be evidence (e.g. CCTV or witness testimony) showing you were not the person who committed the assault.
Consent
In very rare cases, if the officer consented to the contact (e.g. during a demonstration or training exercise), it could be a defence – though this is uncommon in real-world scenarios.
Honest and Reasonable Mistake of Fact
This defence (often called the Proudman v Dayman defence) means you genuinely and reasonably believed facts that, if true, would make your actions innocent. For instance, if you honestly thought the person you pushed was not a police officer (perhaps they were in plain clothes and did not identify themselves), and that belief was reasonable, it could be a defence.
Duress or Necessity
If you were forced by someone else’s threat to assault the officer, or there was an emergency situation requiring your actions (for example, flailing your arms while suffering a medical episode as the officer approached), these extraordinary defences might apply.
Mental Impairment
If you were suffering from a significant mental impairment at the time, to the extent you could not understand or control your actions, you may have a defence of mental incompetence. This would typically require medical evidence.
Each case is unique. Our skilled lawyers will thoroughly review the circumstances including bodycam footage, witness statements, and the conduct of the police to identify any factual or technical defence.
Sometimes charges can also be downgraded (for example, to resisting arrest or hindering police, which carry lesser penalties) if we can negotiate with prosecution, especially if the evidence of an actual assault is weak.
You will understand your options at every stage. Our commitment is to stand by you and fight for your rights – we never forget that your future is what’s at stake.
Which Court Will Hear the Matter?
In South Australia, an assault on police charge can be dealt with in the Magistrates Court or a higher court, depending on the seriousness. Minor charges (no injury and relatively low level of force) may be treated as summary offences in the Magistrates Court, which can impose up to the 5-year maximum.
However, because 5 years exceeds the normal magistrate sentencing power, often these matters (especially if injuries or aggravation are present) are classified as indictable offences. An indictable assault police case would typically start in the Magistrates Court but may be referred up to the District Court for trial or sentencing if serious (for example, if the officer was injured or a weapon was used, making it an aggravated case).
Regardless of the court, having experienced legal representation is crucial. The procedures and potential outcomes can differ, jury trials occur in higher courts, whereas magistrates decide guilt in lower courts.
Frequently Asked Questions About Assaulting Police
What is the penalty for assaulting a police officer in South Australia?
The maximum penalty for assaulting a police officer in South Australia depends on the circumstances.
This includes whether any harm was caused, if the offence occurred in aggravated circumstances and whether the assault was intentional or reckless.
- A person who causes harm to a prescribed emergency worker acting in the course of official duties, intending to cause harm, faces a maximum term of imprisonment for 15 years.
- A person who causes harm to a prescribed emergency worker acting in the course of official duties, and is reckless in doing so, faces a maximum term of imprisonment for 10 years.
- A person who assaults a prescribed emergency worker acting in the course of official duties is guilty of an offence, and faces a maximum term of imprisonment for 5 years.
- A person who hinders or resists a police officer acting in the course of official duties, and, in so doing, causes harm to the officer, faces a maximum term of imprisonment for 15 years.
Actual penalties depend on the circumstances. Minor scuffles might result in smaller fines or community service, whereas causing serious harm or aggravated circumstances often lead to jail time.
Is assaulting a police officer an indictable offence?
Yes, assaulting a police officer is usually an indictable offence, meaning it can be dealt with in in the District Court of South Australia to its seriousness.
However, less serious instances can be handled summarily in the Magistrates Court. The classification will depend on factors like whether an injury was caused and the prosecution’s view of the case’s gravity.
What counts as assaulting a police officer?
Any intentional or reckless use of force against an on-duty police officer can count. This includes:
- Hitting;
- Pushing;
- Kicking;
- Slapping;
- Punching;
- Biting;
- Scratching;
- Headbutting;
- Shoving;
- Even threatening to do so; and
- It can also include throwing objects (“missiles”) at police.
The key is that the police officer is performing their official duties and did not consent to the force. Even if no injury occurs, the act of force or aggression itself is enough to constitute an assault.
Can I claim self-defence if a police officer was using force on me?
Very rarely. If a police officer used excessive or unlawful force first, you may argue you acted in self-defence. However, self-defence in this context can be tricky.
You must have believed you needed to use force to protect yourself (or someone else), and your response must be reasonable and proportionate.
Courts will examine closely whether the police action was lawful and whether your reaction exceeded what was necessary. Having a lawyer present a well-supported self-defence argument (perhaps with witness testimony or video evidence) will be crucial.
Will I go to jail for assaulting a police officer if it’s my first offence?
It is possible, but not guaranteed. Because assaults on police are considered very serious, courts often do impose custodial sentences, even for first-time offenders, to send a deterrent message.
However, if the incident was at the lower end of seriousness (for example, a shove during an arrest without injury) and you have no previous criminal record, we may persuade the court to impose a non-custodial penalty (like a suspended sentence, community service, intensive corrections order or to proceed without conviction).
Each case is different and factors like remorse, provocation, and your personal background will influence the outcome.
Can the charge be reduced or dropped?
With skilled representation, there is a chance to get charges reduced (for example, to resisting arrest or disorderly conduct) or even withdrawn, especially if the evidence is weak or there were mitigating circumstances.
Talon Legal will explore every opportunity to negotiate with prosecutors. If the officer’s account is unreliable or there’s footage that contradicts it, the prosecution might agree to a lesser charge or drop the case. Our lawyers have successfully negotiated such outcomes in the past when the situation warranted it.
What happens if you assault a police officer?
You will likely be arrested on the spot, be taken to the police washhouse and have a very tough time applying for bail. Depending on the severity of the assault, you will be charged with one of several offences
Book a Free 30 Minute Consultation
This charge could change your future. But, so can the right defence. Whether it was a misunderstanding, a moment of panic, or something more complex, we are here to hear your side.
We have defended clients across South Australia in the toughest assault police matters and we know what works. Contact Talon Legal today to discuss your case for free and without obligation:
- Call now (08) 7094 2021 or book your free case review online.
- Understand non-conviction outcomes: Section 24 Sentencing Act guide.
- Learn more about assault law in SA: Assault & Violence Offences hub.
Related Insights
Aggravated Assault & Domestic Violence – Case Study
Overview Talon Legal represented an individual falsely accused of domestic violence and attempted harm stemming from a disputed incident with a former partner. The allegations…
Aggravated Circumstances & Offences in South Australia
What Are Aggravated Circumstances? Aggravated circumstances are defined in section 5AA of the Criminal Law Consolidation Act 1935 (SA) and attract harsher penalties than basic…
What is a Prescribed Emergency Worker or Occupation in South Australia?
Prescribed Emergency Worker & Occupations in SA If you are charged with assaulting someone in South Australia, the consequences may be more serious than you…