The accusations and punishments for resisting arrest can vary based on the state and the facts of the case, but it is possible to be tried for and found guilty in the United States.
Resisting arrest refers to impeding or opposing a law enforcement officer while performing their official duties. Such acts include defying their commands or physically battling them during an arrest. This can involve actions like eluding police or attempting to hurt them. It can also entail physically resisting being detained or restrained.
If someone is accused of resisting arrest, they could be subject to fines, probation, or possibly jail time. Depending on the case’s peculiarities, the charge of resisting arrest could occasionally be added to others, such as disorderly conduct or assault.
It is vital to remember that a person could occasionally be wrongly accused of resisting arrest, mainly if they were unaware they were being detained or if the police detained them violently. In these situations, a skilled criminal defense lawyer can assist in defending the defendant’s rights and guaranteeing a fair trial.
Defenses to a Charge of Resisting Arrest
The following defenses may be raised by defendants accused of resisting arrest. The burden of proof for these defenses varies from state to state.
1. Self Defense
Police officers have the right to employ whatever force is required to make the arrest. But, if the arresting officer uses force without cause, the suspect may defend himself by lawful self defense. For instance, if a police officer unjustifiably shoots the arrested person, the person may try to take cover.
If the arresting police do not act violently initially, the individual being arrested cannot act aggressively towards them. The arrestee must use restraint and the force reassuringly required to resist the arrest.
2. Unlawful Arrest
The law has not allowed an unlawful arrest, such as one made without a warrant or good reason. A person may fight an unlawful arrest in some states, but only with justified force. Only the force required to thwart the arrest is typically considered reasonable.
Resisting an arrest is not a good idea, especially if you have an arrest warrant. This act can complicate your case and add to your possible charges. Request to speak with your attorney rather than forcefully or physically resisting an arrest.