Can I avoid a criminal record for resist police?

A criminal conviction is likely, because the offence involves police.

However, for less serious examples of resisting police, it is possible to avoid a conviction. The likelihood of this outcome depends on the extent of the resist, the circumstances of the offence, and the subjective circumstances of the offender. 

What is the penalty for resisting police?

Resisting or hindering police carries a maximum penalty of 12 months imprisonment in NSW. The maximum fine is $1,100. 

Most offenders will receive a conditional release order or community corrections order.

There is a related charge of Assault Police in Execution of Duty. However, this charge is more serious. It carries a maximum penalty of 5 years imprisonment.  

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that you:

1. Resisted or hindered a police officer
2. The police officer was on duty and executing their duty at the time
3. The conduct was intentional or reckless
4. And without lawful excuse

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