December 30, 2016
Q.What Qualifies as Resisting Arrest?
A. Fleeing from law enforcement, refusal to obey orders, providing false or misleading information, concealing evidence, physically preventing the application of handcuffs, going limp to make an arrest more difficult and any other activity which delays an officer or makes their arrest or investigation more difficult.
Q.What happens if I resist arrest?
A. Resisting arrest without violence is a first-degree misdemeanor. A first-degree misdemeanor carries potential penalties of up to 1 year in jail, a $1000 fine, and 1 year of probation. Resisting arrest with violence is a third-degree felony punishable by up to five years in prison
Q.What are some defenses to resisting arrest?
A. If the police were not carrying out a lawful function when the resisting occurred or the arrest was illegal, the case could be dismissed.
– The alleged resistance must constitute actual resistance, not just perceived resistance.
– If the conduct alleged to be resisting is constitutionally protected speech, then you cannot be convicted.
– If the alleged resistance was an involuntary reaction to the arrest, then the case could be dismissed.
For additional information regarding resisting arrest be sure to contact an experienced criminal defense attorney.
Contact the Khonsari Law Group
If you are charged with resisting arrest, the attorneys at Khonsari Law Group can review your case and explain potential defenses and penalties.