What counts as resisting or obstructing
Police can lay this charge in a range of situations, including:
- Struggling or pulling away during an arrest
- Physically blocking or interfering with police
- Encouraging others to resist police
- Delaying or hindering a search warrant or other lawful duty
Most charges are laid right after an incident with a Court Attendance Notice (CAN) — or by arrest if the behaviour is violent or ongoing.
The court process
On its own, this is generally dealt with in the Magistrates' or Local Court (unless it's tied to more serious charges). The usual path:
- First appearance — bail is decided and the charges are read.
- Disclosure of evidence — police statements, CCTV, body-worn camera footage.
- Plea or trial — you plead guilty or contest the charge.
- Sentencing — anywhere from a fine to imprisonment.
What could happen where you are
Each state has its own offence and maximum. Pick your state to see the law, the maximum and the court.
Ways people defend it
Which of these can apply depends entirely on the facts and the evidence — a criminal lawyer can tell you which, if any, fit your situation.
- The arrest wasn't lawful
- Police used excessive or disproportionate force
- No intent to resist or obstruct
- Mistaken identity
- Mental health or impairment
Other charges in the assault family
This is general information, not legal advice. Resisting and obstruct-police laws and penalties vary by state, and every case turns on its own facts. If you've been charged or are under investigation, speak with a criminal lawyer or your state's Legal Aid service.
