Evading or resisting arrest in any capacity is considered a crime. If you or a loved one has been charged with resisting arrest, it is time to consult with a criminal defense attorney. The charge for resisting arrest can start as something that seems trivial. Police have the upper hand because all it takes is “minimal” actions to satisfy the elements of a “resisting arrest” crime.
All you would have to do is swing your arms or temporarily home them in a position that prevents an officer from handcuffing you. This could be enough to establish the crime in the eyes of the officer. So, intentionally or unintentionally, you could find yourself in this unfortunate predicament. You need not even behave violently to be charged. Your conviction could be punishable by up to one year in jail for something that was clearly not a criminal act.
Consult with an Attorney
If you are charged with resisting arrest, it is absolutely imperative that you speak with a defense attorney before accepting any deals. There is always the question of whether the arrest was an authorized arrest. If the underlying offense is dismissed, would the charge of resisting arrest still be valid? In many instances, the charge of Resisting Arrest stands alone.
You might be charged for original offenses such as drunk driving, disorderly conduct, or assault. The reason you should not go it alone is because there are too many nuances in the law for the average individual to understand. Discussing your defense should be the first thing you do.
Trends in the Law
A New York state Senate hearing on protests against police brutality may have prompted law makers to try and raise the penalty of resisting arrest from a misdemeanor to a felony charge. There is a growing concern across America that resisting arrest charges are being used as a cover up when officers are accused of using excessive force. “Why are officers using excessive force? Well, it was necessary. The person was resisting arrest.” Then, there is always a question of racial disparity when charges of resisting arrest are filed. Blacks are 80% more likely to get hit with the charge than whites, even under similar circumstances.
Disorderly conduct is also a charge that you could be charged with. The charge is subjective in nature. A good criminal defense attorney might be able to argue on your behalf that the police overreacted and that you were not resisting arrest. In any event, these are just several examples of why you should talk to a criminal defense attorney before committing to anything.
With a combined legal experience of over 30 years of legal experience, we can help you figure out the best way to protect yourself. Our mission is to help ensure the best outcome possible in your case. Our firm was started by former assistant district attorneys. This means we understand the law from a prosecution and defense perspective. Do not attempt to go it alone. Contact us today for a free, initial consultation.