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 defense, as explained above. A lawyer's skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanor charges, or even dismissal of the charges. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations.
And if you decide to go to trial, having a good lawyer in your corner will be essential. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Market Your Law Firm. Lawyer Directory. Call us at 1 Resisting Arrest: Laws, Penalties, and Defenses. While the elements of the crime may vary from state to state, usually all of the following must be true: The defendant intentionally resisted or obstructed a law enforcement officer. This means the defendant intentionally acted in a way to hinder the arrest. However, the person need not have intended the result or harm that his actions caused. The defendant acted violently toward the law enforcement officer or threatened to act violently.
For example, striking or pushing the officer would satisfy this requirement. Similarly, a defendant's threat to strike an officer with an object in the defendant's hand would also satisfy this requirement. The law enforcement officer was lawfully discharging his official duties. This means the law enforcement officer was properly engaged in the performance of official duties, such as investigating a crime or making a traffic stop.
A law enforcement officer can be acting lawfully even when arresting the wrong person, and even if the charges are dropped or the defendant secures an acquittal at trial. Read more on your rights if you're arrested.
Who Are "Law Enforcement Officers? Defenses to a Charge of Resisting Arrest Defendants charged with resisting arrest sometimes offer one or more of the following defenses.
Self-Defense Police officers are entitled to use the amount of force necessary to accomplish the arrest. Unlawful Arrest An unlawful arrest is an arrest that is not authorized by law, such as an arrest without a warrant or probable cause. Penalties The penalties for resisting arrest depend on the state law but generally include the following: Incarceration. A felony conviction typically carries a penalty of a year or more and can be served in state prison. Misdemeanor sentences may be served in local jails and usually involve less than a year of incarceration.
Courts can also impose fines to penalize defendants. Fines vary depending on the offense and circumstances and can range from a few hundred to several thousand dollars. A judge may allow a person to serve part of the sentence in the community, rather than jail or prison. A person on probation regularly meets with a probation officer and fulfills other terms and conditions, such as maintaining employment and attending counseling.
If the person violates probation, the judge may order the person to serve time in jail or prison. Talk to a Lawyer If you are facing a charge of resisting arrest, consult with an experienced criminal defense attorney who practices in your area. Talk to a Lawyer Start here to find criminal defense lawyers near you. Supervision means you have not been technically convicted of a crime.
Plus resisting arrest cannot be expunged, or cleared, off your criminal record. You might have to petition for a pardon from the governor, a difficult and time consuming process. Therefore, a case of resisting arrest can hang on your shoulders like a ton of bricks for the rest of your life. To see the full statute regarding this violation please visit: Illinois Resisting Arrest Statute. If you are charged with resisting arrest, you should strongly consider hiring an attorney prior to your court date.
It is important to choose an attorney who works hard and is persistent in fighting for your defense. This type of attorney can provide the best possible outcome for your case.
An attorney can help prepare evidence to show why you deserve to have your case dismissed or at least a lighter sentence. An attorney can negotiate with prosecutors in ways that you may not be able to do yourself.
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