Kara Sears
Resisting arrest is a serious matter that can result in additional criminal charges. It occurs when an individual interferes with a law enforcement officer's attempt to perform a lawful arrest. The definition of law enforcement officer extends beyond police officers and deputies and can include other personnel such as prison guards, park rangers, and correctional officers. The act of resisting arrest does not always require physical force or violence, but any physical act, such as pulling away or fleeing, is generally considered resisting. Non-physical acts, such as threats of violence, can also constitute resisting arrest. The penalties for resisting arrest vary and can range from misdemeanours to felonies, depending on the severity of the actions and the state in which the incident occurs.
| Characteristics | Values |
|---|---|
| Definition | Interfering with a law enforcement officer's attempt to perform a lawful arrest |
| Other Names | Obstruction, hindering or obstructing justice |
| Applicable to | Police officers, sheriffs, peace officers, prison guards, probation supervisors, parole supervisors, park rangers, correctional officers |
| Not Applicable to | Private security guards |
| Defenses | Self-defense, unlawful arrest, lack of intent, excessive force used by the officer |
| Penalties | Fines, jail time, probation |
| Classification | Misdemeanor, felony |
| Factors Influencing Classification | Severity of actions, use of physical force or violence, use of deadly weapons, assault on the officer, high-speed chases |
Explore related products
What You'll Learn
Passive resistance
Resisting arrest occurs when a person interferes with a law enforcement officer's attempt to perform a lawful arrest. The crime can be a felony or a misdemeanour, depending on the severity of the actions of the person being arrested and the state in which it occurs.
In Phoenix, Arizona, passive resistance is a Class 1 Misdemeanour. If convicted, one could be sentenced to probation, with anywhere from 0 days in jail to 6 months in jail.
In some states, a defendant can argue that they had a reasonable belief that the person seeking to make the arrest was not a law enforcement officer. This may occur when the officer is in plain clothes or is off-duty when the arrest occurs. However, it is important to note that the definition of a "law enforcement officer" can be broad and may include other law enforcement personnel such as prison guards, probation supervisors, park rangers, or correctional officers.
The requirements to prove defences against resisting arrest charges vary by state, and it is important to consult a skilled attorney who can review the circumstances of the arrest and identify if law enforcement acted improperly.
Sheriff's Unconstitutional Powers: Can They Override the Law?
You may want to see also
Explore related products
Physical resistance
In most states, physical resistance to law enforcement can be charged as resisting arrest, which often includes the elements of intent to hinder, delay, or prevent a law enforcement officer from carrying out their lawful duties. The specific actions that constitute physical resistance can vary but may include struggling, running away, using force, or creating a substantial risk of causing physical injury to the officer. Even passive actions, such as going limp or stiffening one's body, can be considered physical resistance in some states.
The penalties for physical resistance can range from misdemeanours to felonies, depending on the severity of the actions and the level of force used. For example, threatening or shoving an officer without causing harm may result in a low-level felony, while punching an officer or physically struggling with them could lead to more severe penalties, including felony charges and up to 5 or 10 years in prison. Additionally, charges for assault or battery of a police officer may also be applicable.
It is important to note that the use of force by both the individual and the law enforcement officer is a critical factor in these cases. While officers are generally allowed to use the amount of force necessary to accomplish the arrest, individuals resisting arrest may argue that their actions were justified if the officer used excessive force first. However, the use of force in self-defence must be reasonable and necessary and cease if the officer stops using excessive force.
In some states, the right to resist an unlawful arrest using force may exist, but it is generally advisable to comply with the arrest and challenge its legality afterward. Most states make resisting even an unlawful arrest a crime, and it is often difficult to determine when an arrest becomes unlawful. Therefore, consulting with a knowledgeable defence attorney who can review the specific circumstances and build a defence is crucial.
How to Secure a House from Your Mother-in-Law
You may want to see also
Explore related products
Self-defence
In most states, people do not have the right to resist arrest, even if the arrest is unlawful. This is because resistance can escalate the situation and make it dangerous for the person being arrested, the officers, and any bystanders.
However, in most states, if an officer uses excessive force that could result in serious injury or death, a person can defend themselves against such harm. This is because most states hold that an officer's use of excessive force amounts to assault or battery, which a victim has the right to defend against.
In Colorado, for example, self-defence is an affirmative defence to the crimes of obstructing a peace officer, resisting arrest, and second-degree assault on a peace officer. A defendant may raise the right of self-defence in a trial if there is any evidence that the defendant:
> reasonably believed that the officer used unreasonable or excessive force, and that, in response, the defendant used a degree of force that he reasonably believed to be necessary to defend himself against the officer’s actions.
Similarly, Missouri courts have recognised the right to resist an unlawful arrest, but the status of Missouri case law on this issue is controversial.
If you are facing charges relating to an altercation with an officer, it is recommended that you seek legal advice from a criminal defence lawyer.
Martial Law: Can Congress Veto Presidential Power?
You may want to see also
Explore related products
Mistaken identity
In some states, a defendant can argue that they had a reasonable belief that the police officer was not affiliated with law enforcement, such as when the officer is in plain clothes or off-duty. Additionally, individuals may be able to claim that their state allows them to refrain from answering by invoking their rights under the Fifth Amendment, which protects against self-incrimination.
When considering legal action, it is important to understand the grounds for a lawsuit and the potential damages and remedies available. These can include monetary compensation for lost wages, legal fees, and other financial burdens, as well as damages for emotional distress. Consulting with an experienced criminal defense attorney can help individuals navigate the legal landscape and determine the best course of action.
It is worth noting that resisting arrest is a criminal charge that can escalate the situation and make individuals appear guilty. It is generally advised to stay calm, politely assert that there is a mistake, and ask for a lawyer without answering any questions until legal counsel is present. Gathering evidence, such as the officer's name and any witnesses, can also be crucial.
Lien Laws: Attorney and Law Firm Rights Explained
You may want to see also
Explore related products
Misdemeanour or felony
Resisting arrest occurs when a person interferes with a law enforcement officer's attempt to perform a lawful arrest. The crime can be a felony or a misdemeanour, depending on the severity of the actions of the person being arrested. State laws vary on the kinds of acts and threats that constitute resisting arrest.
In some states, resisting arrest is a misdemeanour. These states may have separate crimes with harsher penalties for acts that amount to fleeing in a vehicle, assault, or disarming a police officer. Misdemeanour resisting arrest or passive resistance can result in probation, with anywhere from 0 days in jail to 6 months in jail. The basic offence is a second-degree misdemeanour, with up to 90 days in jail and a fine of $750. If the offender causes physical injury or harm to a law enforcement officer while resisting, then the offence becomes a first-degree misdemeanour, with increased jail time and fines.
In other states, any other act of resisting arrest is a felony. Felony resisting arrest usually requires that a person either acts or threatens to act violently toward the arresting officer. Fleeing in a vehicle may also be considered a felony. The penalties for resisting arrest depend on state law, but some impose a range of felony penalties based on the level or risk of harm involved. For instance, threatening or shoving an officer but causing no harm may be a low-level felony that carries the possibility of a few years in prison. However, fleeing in a vehicle, punching an officer, or physically struggling with an officer could result in much stiffer penalties, such as up to 5 or 10 years in prison. A felony conviction for resisting arrest can include probation and fines or time in state prison.
A lawyer can evaluate the strength of the prosecution's case and help develop any defences. For example, if you believe that your resistance was justified because the arrest was unlawful, you'll need to know whether your state recognizes this defence. A lawyer's skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanour charges or even dismissal of the charges.
The Sun: An Ideal Gas?
You may want to see also
Frequently asked questions
Resisting arrest occurs when a person interferes with a law enforcement officer's attempt to perform a lawful arrest. This can include physical or non-physical acts such as struggling, running away, using force to avoid being detained, or refusing to obey orders.
The consequences of resisting arrest can vary depending on the jurisdiction and the specific circumstances of the case. In most states, resisting arrest is a misdemeanor, which can result in penalties such as probation, fines, and/or jail time. However, if the offender causes physical injury or uses a deadly weapon during the encounter, the charge can be elevated to a felony, leading to more severe penalties, including time in state prison.
Yes, there are several potential defenses against charges of resisting arrest. One defense is self-defense, which may apply if the arresting officer used excessive force or acted violently without justification. Additionally, if the arrest was unlawful or made without probable cause, it may also serve as a defense. It is important to note that the specific requirements to prove these defenses may vary by state, and seeking legal advice from a criminal defense attorney is crucial in such cases.
![The Five Obstructions [DVD]](https://m.media-amazon.com/images/I/71FzWkFCvgL._AC_UY218_.jpg)
