Assaulting Police Charge?

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).

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.

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.

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.

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.

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.

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.

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.

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.

1. 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.
2. 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.
3. 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.
4. 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.

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.

Any intentional or reckless use of force against an on-duty police officer can count. This includes:

1. Hitting;
2. Pushing;
3. Kicking;
4. Slapping;
5. Punching;
6. Biting;
7. Scratching;
8. Headbutting;
9. Shoving;
10. Even threatening to do so; and
11. 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.

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.

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.

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.

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