This is when a person willingly interferes with a law enforcement officer in the attempt to arrest him. The law officer could be a police officer, public officer or a peace officer. In which case a person delays, obstructs or resists arrest. It is also known as obstruction.
Also referred to as false imprisonment, wrong arrest or false arrest, this is when one’s freedom and liberty is restricted against legal jurisdiction. It includes arrest made without a legal warrant or a probable cause or putting one in custody without legal jurisdiction. It is characterized by either of the following:
Citizens have a right to resist unlawful arrest. However, this is limited to non-violent resist of arrest. Different states outline different stipulations on the acceptable limits of resisting arrest. Basically, citizens are expected to comply with the arrest on the basis of the law enforcement officer is acting within his call of duty. Citizens have the right to place charges against the law enforcement officer or police department for an unlawful arrest.
This is a violent resist of arrest in which case the arrestee uses a weapon that could lead to death or deadly injuries on the law enforcement officer. Examples of deadly weapons include firearms, knives, and ammunitions. Resisting arrest with a deadly weapon also applies in cases where an arrestee attempts to take the officer’s firearm.
This is considered a felony which is punishable by minimum imprisonment for 2 years. In case of a conviction, the convict must serve at least 6 months jail time before being served parole probation. In some cases, the penalty may include both a fine and imprisonment.
When charged with resisting arrest, the jury must prove the following elements:
Once convicted, the crime is punishable through:
One can fight a resisting arrest charge on the basis of the following defenses:
Resisting arrest can be construed as a misdemeanor or a felony depending on the action taken to resist the arrest. Besides, every state has its own stipulations on how to handle resisting arrest charges. Basically, resisting arrest will be charged as a felony under the following circumstances:
Otherwise, it is considered a misdemeanor when an arrestee hides or runs away from the arresting officer. Misdemeanors are punishable by fines and probation while felonies face more dire penalties such as imprisonment and larger fines.
Often times, there lies a thin line between what is legally liable and illegal in resisting arrest charges. The wise thing to do would be to contact a lawyer to guide you on the best cause of action. Zappich&Liller will come in handy in such a situation. Our team of experienced and dedicated attorneys will ensure protection of your rights and interests.