When facing resisting arrest charges, it’s important to know that there are strategies and avenues available to potentially have these charges dropped. In this guide, we’ll provide expert advice and insights into navigating the legal system when confronted with resisting arrest charges, including examples and practical tips.
Resisting Arrest: The Basics
First and foremost, let’s clarify what resisting arrest entails. Resisting arrest occurs when an individual interferes with or obstructs a law enforcement officer’s lawful attempt to make an arrest. This interference can take various forms, including physical resistance, fleeing from the scene, or providing false information to the officer.
Examples
Consider a scenario where an individual is stopped by the police for a suspected traffic violation. If that individual refuses to comply with the officer’s instructions, becomes physically aggressive, or attempts to flee from the scene, they may be charged with resisting arrest (in addition to any other offenses they’re accused of).
Is Resisting Arrest a Felony or Misdemeanor?
The classification of resisting arrest as a felony or misdemeanor offense varies depending on the jurisdiction and the specific circumstances of the case. In many jurisdictions, resisting arrest is typically charged as a misdemeanor, which is a less serious criminal offense compared to a felony.
However, there are instances where resisting arrest can be elevated to a felony offense, particularly if certain aggravating factors are present. These factors may include:
- Use of Force: If the individual resists arrest by using physical force against the law enforcement officer, the offense may be charged as a felony, especially if the force causes injury to the officer or poses a significant risk of harm.
- Weapon Possession: If the individual possesses a weapon or implements a dangerous instrument during the act of resisting arrest, the offense may be classified as a felony due to the heightened potential for violence.
- Prior Convictions: In some jurisdictions, repeat offenders or individuals with prior convictions for resisting arrest may face enhanced penalties, including felony charges.
- Aggravated Circumstances: Certain aggravating circumstances, such as resisting arrest in conjunction with another felony offense, may result in the charges being elevated to a felony level.
Can Resisting Arrest Charges Be Dropped?
Resisting arrest charges can potentially be dropped, but it depends on factors such as the strength of the evidence, prosecutorial discretion, and negotiation or defense strategies employed by your attorney.
Tips for Getting a Resisting Arrest Charge Dropped
- Consult with a Qualified Attorney: If you’re facing resisting arrest charges, seeking the guidance of a knowledgeable attorney is a must. An experienced attorney can assess the specifics of your case, advise you on your legal rights, and develop a defense strategy tailored to your circumstances.
- Gather Evidence: Collect evidence supporting your version of events, such as witness statements, surveillance footage, or documentation of any injuries sustained during the arrest. This evidence can strengthen your defense and potentially sway the outcome of your case.
- Challenge the Evidence: Your lawyer can challenge the prosecution’s evidence, including the officer’s account of the events leading to the arrest. Disputing the validity of the arrest or highlighting inconsistencies in the officer’s testimony may weaken the prosecution’s case against you.
- Negotiate with Prosecutors: In some cases, it may be possible to negotiate with prosecutors to have the resisting arrest charges dropped or reduced in exchange for pleading guilty to lesser offenses. Your attorney can advocate on your behalf during these negotiations to achieve the best possible outcome.
- Attend Court Hearings: Be present and punctual for all court hearings related to your case. Demonstrating respect for the legal process and cooperating with the court proceedings can work in your favor when seeking a favorable resolution.
While facing resisting arrest charges can be intimidating, it’s important to remember that you have rights and options available to defend yourself. By seeking the guidance of a qualified attorney, gathering evidence, and navigating the legal process strategically, you may be able to have your resisting arrest charges dropped or mitigated.
Consult Experienced Legal Representation
If you’re facing resisting arrest charges or any other legal challenges, don’t hesitate to seek the assistance of a trusted appeal attorney. With extensive experience in criminal defense and a dedication to protecting clients’ rights, Seth Kretzer offers nationwide legal services to individuals in need.
Contact Seth Kretzer today to discuss your case and explore your legal options!
