Can I avoid a criminal record for assault police officer in execution of duty?

This offence is viewed very seriously by a court. Therefore, a criminal conviction is likely.

However, it is possible to avoid a conviction for less serious examples of assaulting a police officer. As a result, a conditional release order without conviction would be imposed. The likelihood of this outcome depends on the extent of the assault, the circumstances of the offence, and the subjective circumstances of the offender.

Will I go to jail?

For serious examples of assaulting a police officer, a court will consider a term of imprisonment. This includes first time offenders. 

However, there are alternatives to jail that the court can impose, such as a community corrections order or intensive corrections order.

What is the penalty of assault police in execution of duty?

The maximum penalty is 7 years imprisonment, if the assault causes actual bodily harm. However, if there is no injury, or there is an allegation of intimidation or harassment, the maximum penalty is 5 years. Therefore, it’s a serious offence.

However, there is a less serious charge of resisting police, which carries a maximum penalty of 12 months. As a result, it might be possible to negotiate with police and plead guilty to this less serious charge instead.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt:

1. That there was physical conduct, or threatened conduct towards a police officer; and
2. The police officer was on duty at the time; and
3. The conduct was intentional or reckless; and
4. Without the consent of the police officer; and
5. Without lawful excuse

Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.