ASSAULT OFFENCES
Assault or obstruct police officer
If you have been charged with an offence concerning assault or obstruct police officer, you might be wondering what has been alleged. In Queensland it is unlawful for a person to obstruct or assault a police officer. Section 790(1) of the Police Powers and Responsibilities Act 2000 provides two similar charges, but for the words "assault" and "obstruct".
01 / THE TERMS
Assault and obstruct
The term "assault" draws its definition from section 245 of the Criminal Code Act 1899. A very quick example may include punching or kicking a police officer, whilst the police officer is performing their duties. If you are charged with obstructing a police officer, the charge is generally regarded as less serious. The term "obstruct", unlike assault, is defined in section 790 itself, and includes hinder, resist and attempt to obstruct. An example of this may be where a police officer provides a direction or requirement, and the person under arrest refuses.
02 / HOW I WAS CHARGED
How was I charged?
The charge concerns an assault of a police officer or obstructing a police officer. This will usually occur when a police officer is providing a direction or requirement and the person charged refuses. The terms "obstruct" and "assault" not only have different meanings but can also play a significant role on penalty if a person pleads guilty or is convicted of an offence under this section.
Ordinarily, an offence concerning assault or obstruct will result in a maximum penalty of 40 penalty units or 6 months imprisonment. However, the penalties can be further aggravated if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises. The circumstance of aggravation can result in an increase in the maximum penalty to 60 penalty units or 12 months imprisonment.
Source: Police Powers and Responsibilities Act 2000 (Qld), s 790 (current as at 1 July 2026). Penalties and the law change from time to time, so please get advice about your own matter before relying on these figures.
Our experience recognises that these charges often stem from offences such as public nuisance and/or failure to leave licensed premises. As a result, there may be a higher prevalence of such offences in nightlife areas such as Fortitude Valley and the Brisbane CBD. If you have been charged with an offence concerning assault police officer or obstruct police officer, we recommend contacting our firm for assistance in this matter. A more serious charge involving a police officer is serious assault.
04 / COMPLIMENTARY CASE ASSESSMENT
Complimentary case assessment
If you have been charged with an assault, no matter how serious, it can be particularly stressful as there are often concerns about the consequence of any penalty imposed. Depending on the type of penalty imposed, there may be ramifications for a person's career, reputation, and livelihood.
We recognise the stresses and concerns associated with any criminal charge. To address this, we provide a complimentary case assessment at Aegis Law Group. The purpose of this is to identify the concerns and develop a strategy to work towards the most favourable outcome available. As each assault charge is unique, the complimentary case assessment also allows our firm to provide tailored advice and recommendations.
If you have been charged with an offence, we are available to discuss your matter and address any immediate concerns. To ensure the right legal advice is received, all our complimentary case assessments are with a criminal lawyer. To organise this, send us a message or call (07) 3709 7610.
(07) 3709 7610 BRISBANE OFFICE33 Queen Street, Brisbane
