United States law stipulates that people who attempt to resist arrest can be criminally charged for doing so. Committing an act of this nature is punishable by law and defendants can incur such charges for a number of related behaviors, including making threats during the time of their arrest, providing an arresting officer with false information about their identity, physically struggling during the arrest or attacking an officer during the arrest. Many aren’t aware just how thin the ice really is when you’re being arrested.
Several defendants who are accused of resisting arrest have not actually successfully resisted the process of being arrested. Often, these are individuals whose actions at the time of their arrest were deemed as unlawful or resistant in some nature. For example, an individual who misrepresents themselves to the law enforcement officer attempting to make an arrest could just as easily be accused of resisting arrest as an individual who forcibly avoids the attempts of an arresting officer through physical force. According to the law, these are essentially the same act.
Long Beach Resisting Arrest Penalties
Resisting arrest can essentially be defined as any uncooperative behavior taken by the individuals who are suspected of a criminal behavior. That being said, this is a broadly defined law that is open to the subjectivity of law enforcement officers nationwide. Persons who are accused of resisting arrest and consequently charged for the offense could be facing serious penalties for a crime they unknowingly committed. The best way to avoid this is by retaining the defensive skills of an attorney who can challenge the criminal allegation that has been made against you. Our legal team has many years of experience handling such cases in the Southern California area.
Penalties for defendants who are convicted of resisting arrest fall most likely under the punishments of a Class A misdemeanor offense (depending on your state). As such, defendants can be fined thousands of dollars and may be sentenced to up to a year in prison. However, if a deadly weapon was used during the resist, the penalties will increase significantly. In these circumstances, the offense will be classified as a third-degree felony and punished as such. Persons facing these penalties could be imprisoned for up to ten years and fined up to $10,000.
Resisting arrest is a serious criminal allegation that will need to be defended against aggressively. Therefore, you need experienced, proven professionals on your side. At our Long Beach, California Criminal Defense law firm, we employ nothing short of the very best defense methods necessary when representing our clients in and out of court. If it can be proven that your "resistant" actions were made in order to prevent – or at least attempt to prevent – a law enforcement officer from making a legitimate arrest, the prosecuting attorney will be able to successfully build a case against you. In cases of this nature, establishing intention behind the act is key to the strategies employed by prosecuting attorneys.
As defense attorneys, it is our job to help you effectively challenge the allegations that have been made against you. This involves refuting the tactics of prosecuting attorneys, specifically proving that intent did not exist in the actions you took during the resistance of an arrest. We have experience in doing just that. There are certain avenues of approach that can be made which are effective in shaking a prosecuting lawyer's claim of intent. For example, claiming that you were too drunk or otherwise impaired to be held responsible for your actions may justifiably relieve you of the resistance charges that have been made in your name. When you contact the office of Takakjian & Sitkoff, LLP for legal representation, we will review your case and look for any missing elements that could bring down the prosecution's case. Reach out to Takakjian & Sitkoff, LLP today to schedule a free initial consultation and discuss your case with one of our attorneys.