Have you been charged with Threatening Injury to Prevent Arrest?
If so, you will need a law firm that specialises in criminal law. This charge is serious and a guilty finding can result in up to 5 years in prison. Along with an experienced criminal lawyer, you will need to carefully consider a number of questions, such as:
- Did you make a threat against a person or property?
- If so, was your intention to prevent the arrest of yourself or of someone else?
- Or did you mean to delay a police investigation?
- Were you acting alone?
The answers to these questions will be important in determining how you intend to plead. For further information on Threatening Injury to Prevent Arrest, see below.
Elements of the offence
Section 30 of the Crimes Act.
The prosecution must prove the defendant made a threat against a person or property whereby:
- the defendant intended that the threat would prevent the lawful apprehension of himself or another person; or
- the defendant intended to hinder a member of the police force conducting a lawful investigation.
The maximum penalty
Level 6 imprisonment being a maximum of 5 years.
Where will my case be heard?
Threatening Injury to Prevent Arrest cases will usually be heard in the Magistrates’ Court of Victoria.
Defences
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. To give yourself the greatest possibility of achieving a favourable outcome, ensure you allow enough time for thorough preparation of your matter.
If you have been charged with Threatening Injury to Prevent Arrest make an appointment to see one of our experienced lawyers today.
The legislation
Section 30 Threatening injury to prevent arrest
A person who threatens injury to any other person or to any property with intent—
(a) to prevent or hinder the lawful apprehension or detention of himself or herself or any other person; or
(b) to prevent or hinder a police officer or a protective services officer from investigating in a lawful manner any act or circumstance which reasonably calls for investigation by a member a police officer or protective services officer—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum).
