Author: Jon Ross
Practice area: Assault & Violence
Jon is a Senior Associate at Doogue + George with over 20 years of exclusive criminal defence experience, including serious violent crime and gang-related matters across London's Magistrates' and Crown Courts. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Jon authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Assaulting or Resisting Police?
Assaulting or Resisting Police is an indictable offence in Victoria that involves assaulting, threatening, or using force against a person with the intention of stopping or interfering with a lawful arrest or detention. The offence is created by section 31(1)(c) of the Crimes Act 1958 (Vic).
Key points
- The prosecution must prove an assault or threat and an intention to resist or prevent lawful apprehension or detention
- The conduct commonly arises during an arrest or when police attempt to detain a person
- Usual court level: Magistrates’ Court
The maximum penalty for Assaulting or Resisting Police is level 6 imprisonment (5 years).
Common defences may include the arrest was unlawful; the accused did not intend to resist or prevent arrest; mistaken identity; or that the alleged conduct did not occur.
Have the Police accused you of Assaulting or Resisting Police? Contact us to arrange a time to speak with one of our specialist criminal lawyers. One of our experienced lawyers will help you by answering your legal questions during a private consultation.
Our criminal lawyers specialise in allegations of Assaulting or Resisting Police and have achieved great outcomes in the past for our clients.
Police interview
Before you speak with the Police, you should contact us to receive confidential and privileged advice
We can answer your important questions such as – should I make a statement to Police? Should I attend a Police interview? Will the Police leave me alone if I explain my side of the story? Will I be remanded?
You must realise that anything you tell the Police without legal advice can make running a defence in Court more difficult later on.
Our lawyers can also attend the Police station with you if you feel more comfortable having someone on your side present with you. Police interviews can be a tough experience.
Pleading not guilty
In defending an allegation of Assaulting or Resisting Police, you want a proactive lawyer who will ask Police for disclosure material such as:
- CCTV footage,
- Outstanding witness statements,
- Police notes,
- Body-cam footage.
The answer to these questions can lead to Prosecutors withdrawing an Assaulting or Resisting Police charge.
We are criminal defence lawyers who specialise in representing people charged with assaults. Our lawyers have achieved great outcomes for people charged with Assaulting or Resisting Police.
Pleading guilty
If you are pleading guilty to Assaulting or Resisting Police, we can prepare a plea strategy for you to get the best outcome. We will refer you to relevant courses, organise expert reports for you and help you gather character references.
Sentencing
Sentencing outcomes in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 31(1)(b) — 631 charges across 497 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Adjourned Undertaking | 27.9% |
| Imprisonment | 26.0% |
| Community Correction Order | 25.5% |
| Fine | 19.2% |
| Discharge/Dismissal | 1.1% |
| Other | 0.3% |
These figures indicate that imprisonment is a significant risk for this offence, but non-custodial outcomes remain common
Which court will the case be heard in?
Assaulting or Resisting Police is regularly heard in the Magistrates’ Court.
Examples of Assaulting or Resisting Police
- You get into an altercation at a music festival. A policeman intervenes to arrest both of you. You refuse to be arrested and wrestle with him until you are eventually arrested.
- You are caught riding on the train without a ticket and held by the inspectors until the police arrive. When a policeman arrives you push him and run away.
Our client was charged with Assaulting Police and Resisting Police. He was initially represented by other lawyers and received a conviction and fine. Our client sought our help to appeal against the harshness of his sentence. The conviction meant he may have lost his job, and our client felt that the Police had treated him unfairly and aggressively. He ended up without a conviction, as a result of the appeal.
What is the legal definition of Assaulting or Resisting Police?
The legal definition of Assaulting or Resisting Police is assaulting and resisting the police while they are arresting you, or encouraging another person to do so.
Legislation
The section that covers this offence is section 31(1)(C) of the Crimes Act 1958.
Elements of the offence
- A person who—
- assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person—
is guilty of an indictable offence.
What are some of the possible defences to an Assaulting or Resisting Police charge?
- The Police were arresting you unlawfully, so you were acting in self defence.
- Someone else Assaulted or Resisted Police.
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions in cases like this
- Can they prove the police were lawfully arresting you?
- Is there a possibility of mistaken identity?
Did you act in self-defence?
Maximum penalty for section 31(1)(C) of the Crimes Act 1958
Assaulting or Resisting Police (s31(1)(C) of the Crimes Act 1958) has a maximum penalty of level 6 imprisonment (5 years).
Case Studies
- Diversion for Assaulting Police Officers and Resisting Arrest
- Community Corrections Order (CCO) for Family Violence
- Sexual Assault of a Police Officer – Fine, Not Placed on Register
- Adjourned Undertaking for Assaulting and Resisting Emergency Worker on Duty
- Accused on Remand for Failing to Comply With Reporting Obligations
Other Important Resources
- FindLaw – Resisting Arrest in Australia
- Running away is not resisting police: court
- Victorian Criminal Charge Book: Resisting Arrest
- SACStat Higher Courts – Crimes Act 1958 (Vic): s 31(1)(b) – assault, threaten, resist or intentionally obstruct police or emergency worker
- SAC Statistics – Crimes Act 1958 (Vic): s 31(1)(b) – assault emergency worker
