The police frequently put themselves in difficult situations to safeguard the community. As a result, courts weigh their alternatives carefully when punishing resisting police offenses.
What Does It Mean To “Resist Police”?
Understand in a better way- “Opposing by force” is the usually understood legal definition of resisting police.
Trying to interfere with the performance of cops in between their duties is coined as a severe offense in the eyes of the court. It is known as resisting police/ police officers resisting/hindering.
When the components of the crime are not proven, police frequently charge someone with resisting arrest. Running and hiding from a policeman before an arrest is made, for example, is not considered resisting arrest.
The prosecution needs to prove conclusively that you intentionally resisted the police officer’s intended course of action, which was to arrest you.
What Are Some Examples Of Resisting or Obstructing?
● Lying to police officers;
● Resisting police officer’s attempt to handcuff you after an arrest;
● Encouraging someone to hurl something at a police officer;
● Encouraging someone else to fight or flee from an officer;
● Spitting on police officers;
● They are obstructing police entry to a specific area they want to visit.
What Does The Law Say?
Resisting police arrest or interfering with a police officer’s capacity to conduct their duty (NSW) is illegal in the Crimes Act 1900 of New South Wales. Any individual who withstands or hinders, or instigates any person to assault, resist, or hinder cops in executing his or her duty shall be liable for finding guilt before the Local Court.
Also, he/she can go to imprisonment for 12 months or a fine of $1,100 or both,” according to Section 546C of the Crimes Act. It means that if someone resists or ‘hinders’ police while performing their jobs, they could face charges. For example, a person may be guilty if they encourage or ‘incite’ another person to act in this manner or if they assault a police officer.
Pleading Guilty -Maximum/Potential Sanctions
Resisting police or obstructing police can result in a one-year prison sentence and/or an $1110 fine. Please keep in mind that the punishments listed are for the most severe offences and are unlikely to be the penalty you face.
For a Resist Arrest or obstruct police charge in NSW, a court can impose any following punishments.
● Sentenced to prison
● Intensive correction order with home detention (previously periodic detention)
● Sentence suspended
● Order of community service (CSO)
● Section 10 of the Good Behavior Bond
However, additional penalties may also be imposed for the above resisting police offence will occur. The following are the details:
● Imprisonment for some time.
● A new ICO (ICO) is available with a home detention requirement.
● Fine for a new Community Correction Order (CCO).
● A Conditional Release Order (CRO).
Some of the potential defenses for persons accused of resisting police or obstructing police include:
● To deny that you committed the deed that the authorities allege was the crime.
● To claim that the individual was not a member of the NSW Police Force.
● To claim cops were not working at that time. Or claim that what they did was not related to their job as a cop.
● To claim that the cops were misbehaving.
● Duress-You may be able to plead “Duress” if you were getting forced to act in a certain way due to the circumstances or threats.
● The term “necessity” refers to a situation in which something is. You can use the defense of-Necessity if your acts are required to avoid more extensive damage from occurring.
Seek Experts, Platinum Lawyers!
Have you been charged with resisting police in Sydney? Then, you should consult with an expert criminal lawyer, Platinum Lawyers in Parramatta and Sydney, to determine your legal options.
We at Platinum Lawyers understand that criminal law is a human rights issue. As a result, we take great satisfaction and pleasure in representing our clients. This pride and enthusiasm for assisting anyone accused of breaking the law, whether intentionally or unintentionally, is just necessary for us, and you can be confident that Platinum Lawyers are the best defenders of your rights. It is true not only when the police have simply gotten it wrong but also when they have gotten it right, in which case we may speak with you and ensure you receive the best possible result.
For more information on your options, contact (02) 8084 2764
OPTIONS AT THE COURT OF LAW
Platinum Lawyers provides the following options for resisting or hindering police:
● We begin negotiations with prosecutors to plead for the charge to be dropped or downgraded or seek revisions to the police fact sheets or papers.
● Platinum Lawyers will plead not guilty and drive the argument based on the prosecution’s inability to show the components of their indictment if you so advise.
● Alternatively, Platinum Lawyers may plead guilty on your behalf, but the hearing will focus on the facts to obtain a moderate or minimum sentence.
● Finally, Platinum Lawyers will enter a plea of guilty on your behalf, wherein you admit all of the charges brought against you by the officers. Nonetheless, we will make a compelling case on your side to persuade and urge the court not to register a criminal conviction against you.
If you are obliged to appear in court for resisting police, call Platinum Lawyers at (02) 8084 2764 at any time for expert advice and tenacious counsel by one of our experienced resisting police lawyers.
We are experts at beating or having criminal charges dropped AND/OR obtaining the most lenient sentence possible. Regardless of which option you select from our customized Platinum Lawyers, you will be working with expert criminal lawyers who can ensure that the evidence is correct. Our expert lawyers will prepare and present your case to the highest possible standards. With us, you don’t need to worry about the whole process as there is a high chance of winning the case without spending a lot of money.
If you have any will-related or other legal difficulties in Sydney or Parramatta, call (02) 8084 2764.