Resisting arrest occurs when a person intentionally refuses or interrupts a law enforcement officer from preforming a lawful arrest. If you prevent a police officer from doing their job it is considered resisting arrest, a misdemeanor. Physical force is usually involved in resisting arrest, but not always. The best way to react in this type of situation is to not threaten the police officer, orally or physically. Seek assistance from a lawyer.
Here are a few things that can be considered resisting arrest:
- Physical acts, such as running away, hiding, or struggling with the officer
- Providing false identification, either verbally or by presenting a fake ID
- Helping another person to avoid arrest
- Threatening the police officer
Defense against Resisting Arrest Charges
The best way to avoid a resisting arrest charge is by cooperating with the officer, even if you think the arrest is unjust. The more you oppose the greater the chance of the situation getting worse. So don’t resist and escalate the situation you could end up being charged for assaulting an officer. If you get charged with resisting arrest, the best option would be to consult with a lawyer.
Various defenses are available to help you against resisting arrest charges. Here are a few of them:
- Unjust Arrest: If the arrest was not justifiable, so even if you did resist, this will not be considered a resisting arrest.
- Self-defense: If an officer uses excessive force on you, you have every right to defend yourself, as this kind of arrest is unlawful.
Unidentified officer: It is not possible to intentionally resist an officer if you are not aware if a person is an officer, and he or she is not wearing or displaying any badge.
- False allegations: If it is proven that your actions did not fit the definition of resisting arrest, then the officer cannot retaliate by filing a resisting arrest charge against you, even if you were simply just being rude or sarcastic.
The Law Office of Reuven J. Epstein Provides Quality Legal Service, Contact Us Now!
If you or a loved one has been charged with resisting arrest, it is important that you hire an attorney who understands such cases. Call The Law Office of Reuven J. Epstein today at (845) 459-0002 / (800) 579-1605 or fax 845-371-3538. You can email us at email@example.com or firstname.lastname@example.org.
We serve all over Rockland County and Orange County.