Police were arresting a man at the Byng Street side of Robertson Park close to 8pm when Joshua Michael Totman, of east Orange, tried to get between them and the man they were arresting.

Magistrate David Day questioned in Orange Local Court why Totman was charged with common assault instead of the more serious charge of assaulting police but sentenced the 26-year-old based off the material and information presented in court.

"The officers were attending to their duty," Mr Day said.

Totman was told to get out of the way but refused and continued to put himself between the police and the other man, who had a warrant out for him.

After repeated warnings police grabbed Totman by his right arm and attempted to move him away,

However, he threw his arm to release himself from their grip and after a struggle, two police officers handcuffed his hands behind his back.

While the police tried to establish his identity, Totman "donkey kicked" back with his left leg in an attempt to hit a constable who managed to get out of the way.

As a result Totman was charged with common assault in addition to hindering police.

Solicitor Joshua Pigott said it was assumed the common assault charge was made instead of assault police because it was such a low level assault.

"It was Anzac Day, they were drinking early after the march," Mr Pigott said.

"They were walking home that night and saw someone he knew who was yelling and swearing."

Mr Pigott said Totman tried to calm his friend down and that was when the police arrived.

"My client has sent an email to [the constable] saying he was sorry for his actions," he said.

"He otherwise comes to this court with an unblemished record."

Mr Day convicted Totman and placed him on a Community Release Order requiring him to be of good behaviour for two years for both offences.

He acknowledged Totman's apology to the relevant police officers and said his references spoke highly of him.

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