Assault Police Officer in Qld

If you are charged with assaulting a police officer in Queensland, you are facing a serious criminal offence. These charges commonly arise during arrests, traffic stops, domestic incidents, public disturbances, or police searches.

Even minor physical contact or resistance can result in a charge. Convictions often carry significant penalties, including imprisonment, and can have lasting consequences for employment, travel, and future interactions with police.

If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence. 

What is the offence of assaulting a police officer in Qld?

Assaulting a police officer is an offence under the Criminal Code 1899 (Qld).

In broad terms, the offence occurs where a person assaults a police officer who is acting in the execution of their duty.

Importantly, an “assault” does not require a punch or injury. It can include:

• pushing or grabbing

• spitting

• attempting to strike

• threatening gestures

• resisting or struggling during arrest in certain circumstances

The offence focuses on the conduct and context, not just the level of force used.

When is a police officer considered to be acting “in the execution of duty”?

A key issue in these cases is whether the officer was lawfully performing their duties at the time of the alleged assault.

This can include situations such as:

• making a lawful arrest

• conducting a lawful search

• attending a disturbance or emergency

• issuing directions under police powers

If police were not acting lawfully, this may be relevant to how the charge is defended.

What is the penalty for assaulting a police officer?

The penalties depend on the seriousness of the alleged conduct and any aggravating features.

• Basic offence: up to 7 years imprisonment

• Aggravated circumstances (such as causing bodily harm or using a weapon) can attract higher penalties

Courts treat offences against police officers seriously due to their role in maintaining public order.

A conviction may also affect:

• employment and professional licences

• future bail applications

• travel, including overseas travel

• sentencing on any related charges

Common situations leading to these charges

Assault police charges often arise from:

• resisting arrest

• traffic stops or roadside breath testing

• domestic or neighbourhood disputes

• nightclub or public place incidents

• police attending mental health or welfare matters

In many cases, allegations arise in fast-moving and highly stressful situations, where accounts of what occurred may differ significantly.

How a criminal defence lawyer can help

A criminal defence lawyer can:

• assess whether the charge is properly made out

• review police body-camera and witness evidence

• challenge the lawfulness of police conduct

• negotiate with prosecutors where appropriate

• prepare strong submissions on penalty if required

Early and strategic advice is essential in these matters.