What Should I Do If I’ve Been Charged With Assaulting a Police Officer?

Assaulting a Police Officer

Assault is a serious crime throughout Australia and assaulting a police officer is arguably one of the most serious crimes you can commit. If you’ve been charged with assaulting a police officer, the first thing you should do is enlist the services of an experienced criminal lawyer with a strong reputation.

Failing to do this could result in serious penalties. Even if you do use a decent lawyer you might still be convicted, but your sentence/financial penalty should be less. In the rest of this article we should look at a few of the things you should do if you’ve been charged with assault of a police officer (or some variation of the charge). We’ll also look at some of the likely penalties associated with these charges.

*Note that this article will focus specifically on the process and outcomes of being charged with assaulting a police officer in Victoria. While the law is similar throughout Australia, you need to make sure that you do you own research.

Under What Circumstances Would I Be Charged With Assaulting A Police Officer?

Well, the charge basically speaks for itself. In Victoria, you could be charged with assault of a police officer under a range of circumstances. The Crimes Act 1958 states that:

“A person who assaults or threatens to assault, resist or intentionally obstructs an emergency worker on duty, knowing or being reckless as to whether the person was an emergency worker is guilty of an indictable offence.”

In short, if you kick, punch, or otherwise obstruct or assault a police officer, you could be charged. This applies both in cases where you might be resisting arrest  and where you happen to simply do the wrong thing at the wrong time.

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Can I Make Fireworks in Australia?

Make Fireworks

Fireworks are fun to set off, great to look at and an exciting thing to share between friends. However, they are also illegal to the general public in most of Australia. Criminal lawyers throughout Australia regularly deal with fireworks related offences, and you should be aware of the potential penalties and consequences if you decide to dabble in the illegal.

In this article we’ll look closely at some of Australia’s fireworks rules, the penalties associated with firework manufacture or possession, and the exemptions to the general fireworks rules. It’s important to note that fireworks and other explosives offences are taken very seriously in Australia, which means that you should never attempt to get around the rules.

Can I Make Fireworks In Australia?

You’ve probably already understood the answer to this, but the short answer is that no, there are no circumstances that let you make fireworks in Australia without the relevant licensing and safety procedures.

One of the main reasons for this is that fireworks can be extremely dangerous, especially if they’re not made properly. Homemade fireworks and other explosives can cause damage to property and pose a large safety risk, and they should therefore be avoided at all costs.

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Do I Have The Right To Remain Silent When Questioned By Police?

Questioned By Police

Australian citizens and foreigners visiting Australia have a lot of rights when it comes to police questioning. Essentially, you don’t usually have to answer any questions, especially if you don’t have a lawyer present.

If you have been or know that you’re going to be questioned by police, then you should speak to an experienced criminal lawyer as soon as possible. Doing this will allow you to build a defence against any charges which could be brought against you, and getting ahead of the ball like this will minimise your chances of legal penalties.

Similarly, if you’ve been questioned in a way that you don’t think was legal, you should also speak to your lawyer. In cases like this, any answers you provided may not be admissible in court.

When Do I Have The Right To Remain Silent In Australia?

Put simply, the right to remain silent when you are arrested by the police is a fundamental part of the Australian legal system. You don’t actually have to say anything to the police, no matter how intensely they question you.

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