Resisting Arrest: Laws, Penalties, and Defense

Resisting arrest is when an individual obstructs a police officer’s efforts to make a legal arrest. In some states, it also called “obstruction.” This offense can either be a misdemeanor or a felony, and depends on the strictness of the actions of the individual being arrested. Criminal defense lawyers have had to work with many people in the past on this very issue.

Your side should be heard

Misdemeanor resisting arrest, also termed misdemeanor obstruction, includes actions such as running away and hiding from a police officer. Felony resisting arrest generally requires a person to act violently with the arresting official or make violent threats. More information on these two rather confusing matters can be cleared up by consulting a criminal defense attorney.

Not sure how to find one? Press right here. The cards may be stacked against you but they can be knocked back the other way or some of them can be prevented from falling towards you with the right legal help. You may have made a mistake or perhaps the police officer was a little gruff, either way this does not mean you should have to pay a massive fine or spend a week in jail. You certainly do not want to spend months in jail for something you did not do or mean to do.

Felony resisting arrest

To obtain a conviction for resisting arrest, the prosecutor must present proof on specific issues known as “elements” of the offense, which a judge or jury should determine that the prosecutor has established every element beyond any reasonable doubt. The elements of the offense can differ from one state to another, but generally the following factors must be true:

• The defendant deliberately obstructed or resisted a police official. This signifies that the defendant purposefully acted in a manner intended to obstruct arrest. However, the individual need not have intended any harm that his actions eventually caused.
• The defendant threatened the police official to act violently or acted in a violent manner towards him/her. For instance, pushing or striking the official will satisfy this requirement.

The police official was legally performing his official tasks such as investigating a criminal offense or conducting a traffic stop. A law enforcement officer might be acting in a perfectly legal manner, even while apprehending the wrong individual, presuming in all seriousness that the person has violated the law of the county or state.

Proving resistance by the prosecutor

State laws differ in the types of acts as well as threats that constitute felony resisting arrest. Physical violence alone is sufficient, but a mere refusal to talk is not. In the same way, disagreement with the official’s actions or non-threatening statements isn’t sufficient. However, extended arguments or loud threatening might be enough, as any criminal defense lawyer will tell you.

How to defend the charge of resisting arrest 

When a defendant is charged with resisting apprehension, he/she can cite the following defenses.

Self-defense

Police officers have the right to use a certain amount of force, if necessary, to make an arrest. But if the arresting official acts violently without any justification, the arrestee can protect himself and go on and resist the arrest. However, while doing so, the arrestee should exercise self-restraint, by using only sufficient force that is reasonably necessary to resist arrest.

Penalties

Penalty for felony resisting arrest can be in the form of jail time, fines, probation, and community service as determined by the court.

If you happen to face an offense of resisting arrest, you ought to hire a wonderful and astute criminal defense lawyer without any delay. This is because a legal representatives skillful negotiations with a prosecutor might result in the reduction of the charge from a felony resisting arrest to mere misdemeanor charges, or the outright dismissal of all charges. And there is nothing better than that! That is equivalent to about 6 Christmases combined

Everyone makes mistakes. Cooperating with police is almost always the best course of action. But if temporarily choose the wrong course of action it should not blow up your life. You need legal help to prevent this mistake from being a game changer for you. https://usattorneys.com/ - this is where this legal resource center should enter your life. This is more than just another website filling up the Internet, this website literally saves lives.

Going to this website is akin to dialing 911 to give yourself a fighting chance.