ASSAULT POLICE CHARGES IN CAIRNS
We represent clients across Cairns, Far North Queensland, Greater Queensland, and Victoria, with remote consultations available Australia‑wide.

In Queensland, it is a criminal offence to assault, resist, or obstruct a police officer while they are carrying out their lawful duties. This is treated as a “serious assault” under section 340 of the Criminal Code Act 1899 (Qld), and carries heavier penalties than a common assault. 

If you are facing this charge, it is important to seek legal advice early to understand your options and protect your rights.

The law treats assaulting police as a serious assault under section 340 of the Criminal Code Act 1899 (Qld). Penalties can be severe. In aggravated cases — such as spitting, biting, throwing bodily fluids, or causing bodily harm — the maximum penalty is 14 years imprisonment. In other cases, the offence still carries a maximum of 7 years imprisonment, with courts able to impose fines, community‑based orders, or prison terms depending on your personal circumstances.

At Coral Coast Law, we know how much is at stake. We work to minimise the impact of the charge and fight for the best possible outcome.

To secure a conviction for assaulting police in Queensland, the prosecution must prove beyond reasonable doubt that:

- You assaulted, resisted, or obstructed a police officer;

- The officer was acting lawfully in the course of their duties at the time; and

- Your actions were intentional and without lawful excuse.

If any of these elements cannot be proven, the charge may not succeed. This is why obtaining strong legal advice early is essential to protect your rights and explore possible defences.

Yes. If you have been charged with assaulting police in Queensland, there are several legal defences that may apply, depending on the circumstances. Common defences include:

- Unlawful conduct by police – if the officer was not acting lawfully in the execution of their duties.

- Self‑defence – if you were protecting yourself or another person from harm.

- Lack of intent or mistake of fact – if your actions were accidental or misunderstood.

Every case is different, and the availability of a defence will depend on the evidence. Getting early legal advice is essential to identify the strongest options for your situation.

A conviction for assaulting police in Queensland can have serious and long‑lasting effects. Beyond the risk of imprisonment or heavy fines, a conviction will usually result in a criminal record, which can impact employment, professional licensing, and the ability to travel overseas. It may also affect future court matters, as prior convictions are taken into account in sentencing.

Because the consequences extend well beyond the courtroom, it is vital to get experienced legal advice early to minimise the impact on your future.

Facing an assault police charge in Queensland can feel overwhelming, but you don’t have to go through it alone. At Coral Coast Law, we provide clear advice, careful analysis of the evidence, and strong representation in court. Our focus is on protecting your rights, minimising the impact of the charge, and working towards the best possible outcome for your future.