Have you been charged with Using a Firearm to Resist Arrest?
If so, you will require the services of a specialist criminal lawyer. This is a very serious charge. Should you be found guilty, you could be looking at a maximum sentence of 10 years prison.
Before telling a Court how you intend to plead, you and your lawyer will need to carefully consider a number of questions.
Does the prosecution have a case? Did you resist arrest, either with a real or imitation firearm? Were you resisting your own arrest, or someone else’s?
See below for further information on Using a Firearm to Resist Arrest.
The offence
Section 29 of the Crimes Act 1958.
The prosecution must prove:
the defendant made use of, or attempted to make use of, a firearm or imitation firearm; and
the defendant did so with intent to resist or prevent the lawful apprehension or detention of the defendant or of some other person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years or level 5 fine being 1200 penalty units.
Where will my case be heard?
Using a Firearm to Resist Arrest cases will usually be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult a specialist criminal lawyer urgently. Preparation in relation to any matter is critical to the outcome. Don’t leave it too late.
If you have been charged with Using a Firearm to Resist Arrest, get in touch today. One of our experienced lawyers will be happy to help you.
The legislation
Section 29 of the Crimes Act 1958 Using firearm to resist arrest
(1) A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence.
Penalty: Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum).
(2) A person who commits an offence against sub-section (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that sub-section in addition to any penalty to which he or she may be liable for that other offence.
(3) In this section—
(a) “firearm” has the same meaning as in the Firearms Act 1996; and
(b) “imitation firearm” means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.
