Under US law, individuals can be charged with resisting arrest in addition to the crime they were originally arrested for. Resisting arrest encompasses a broad range of activities, from physical resistance to providing false identification to an officer. Depending on the kind of resistance, and factors such as the use of a weapon, resisting arrest can either be a misdemeanor or a felony. Regardless of the circumstances, if you are charged with resisting arrest, you have the right to defend against these charges in a court of law.
Types of Resistance
Many people balk at the notion of being placed under arrest and attempt to avoid it through a variety of means. However, many mechanisms people use to forestall arrest fall under the rubric of resisting arrest. Some examples are:
- Presenting a false ID
- Threatening an officer
- Striking an officer
- Employing a weapon against an officer
This resistance can occur at any stage of the arrest. The accusation of resisting is usually a separate charge from the original crime, and does not aggravate the original offense. The law distinguishes between different levels of resistance, and prescribes less harsh punishment for more minor offenses. Also, there are cases where resistance is found to be justified, such as when an officer uses excessive force.
The legal professionals of Kohler Hart Powell, SC defend clients accused of resisting arrest. If you or someone you love has been charged with resisting arrest, our Appleton resisting arrest attorneys are ready to help you. For a free consultation, contact us at 414-271-9595.