How to Beat a Resisting Arrest Charge | Learn How to defend
Imagine that you have got arrested for a simple issue such as a broken tail light or something like that. And when any officer from law enforcement comes to arrest you, you might have resisted him from doing this, thinking it to be so minor.
But if you have past criminal records, this resisting can take you years to be in jail. In addition, resisting arrest charges are a bit difficult to handle. This article discusses all the necessary issues about how to beat a resisting arrest charge in detail.
What Is Resisting Arrest?
The most common question that people often ask us what is resisting arrest. In a simple sense, resisting arrest means the actions that you take to resist or oppose a police officer from arresting you. That means, whenever any police officer attempts to arrest you, you can do anything such as fleeing from the place, defending yourself, etc., to resist the officer so that he could not arrest you. And this type of action gets termed as resisting arrest in the legal speculations.
But you cannot just randomly resist a police officer from arresting you. Instead, you must have valid reasons for that. For example, the officer might be arresting you for an issue that you are not at all involved with yet, just based on shock and many more.
If you have reasons to resist your arrest, legally, you can do it. It will be considered fair for you then. But if you try to resist the arrest, although being a real defendant, you might get heavy penalties for that.
Is Resisting Arrest a Crime or a Felony?
Yes, resisting arrest is often considered a legal crime. It depends mostly upon the circumstances that happened to you and the arresting officer while arresting you. Different states have different legal sections and penal codes for this crime. If you ever get charged with a resisting arrest case, it will be added to your criminal offense list along with other crimes, if there are any.
Resisting arrest can get treated as a felony when you try to resist the arresting officer using any deadly weapons. For example, to resist arrest, you might have injured the officer, wound him willfully, etc. Then your actions will fall under a felony case.
But instead of using any deadly weapons or making any fights with the arresting officer, it will certainly be a misdemeanor case, nothing serious if you flee from the officer to resist your arrest. Otherwise, your actions can make you charged with a felony or criminal offenses as well.
What are the Elements of Resisting Arrest?
Resisting an arrest charge contains four basic elements without proving which the prosecutor cannot get you punished at all. And when you are charged with a resisting arrest case, you must learn about the elements carefully to defend yourself well in front of the court.
The main four elements of resisting arrest include:
- The first and main element of resisting arrest is that you must resist or oppose a law enforcement officer or a member from carrying out their duties while arresting you. That means you are purposefully obstructing them from arresting you.
- The second element involves the officer (law enforcement officer or the arresting officer) performing his legal duties during the period you are trying to resist him or obstruct him from his actions to be carried out.
- The next is the law enforcement officer in charge of arresting you must be going through a particular legal procedure while arresting you. So without any legal purpose and any individual or personal issues, the officer cannot arrest you.
- The last and final element of resisting arrest summarizes that you must have to do it consciously and intentionally when you are resisting any officer from arresting you. And while resisting, you must have enough sense and knowledge to deal with a police officer.
How Do You Get a Resisting Arrest Charge Dropped?
After knowing about resisting arrest and its elements, you might now think about how to get the resisting arrest charge dropped. Don’t worry. We have answers to your thoughts.
To get a resisting arrest charge dropped, you must prove yourself logical enough in your actions and against the prosecutor. The fact is that, in the courtroom, you will be charged or punished for your resistance only when the prosecutor can prove all the elements of the resisting arrest against you and by his side.
Sometimes, for some internal issues, law enforcement officers arrest people without having any warrant. If the legal system verifies the issue, then it is okay, but if not, you can go for your claims in that case. If the prosecutor fails to prove your actions wrong and his ones right, your resisting arrest charge will be dropped.
But for the entire thing, you must hire a professional lawyer for you. Without the help of a lawyer, it would be tough for you to prove yourself logical in the court and thus dropping your resisting arrest charge.
Top 3 Ways to Beat a Resisting Arrest Charge
Here we are suggesting the top 3 ways to beat a resisting arrest charge:
Filing a Pitchess Motion
You can file a pitches motion to beat your resisting arrest charge. Pitchess motion demands confidential information about the arresting officer’s professional file. By filing this, you are making allegations against the officer for arresting you.
This motion requires learning the misconducts that the officer has ever caused during his professional duties—for example, making false charges, using an excessive amount of force, doing prejudicial actions, and many more. With the references of these actions, you can beat your charges as well.
The criminal defense lawyer you have hired can help you beat the resisting arrest charge by arranging a cross-examination test for the arresting officer. This examination is another way to justify the officer’s testimony.
If the hired lawyer is skilled enough, he might definitely know how to deal with the officer in a cross-examination so that the officer gets biased or the one who is unreliable in his statement. And this will help you out a lot.
File a Citizen’s Complaint
Suppose you and your attorney are confident enough to prove your resisting actions logical and the arresting action of the officer illogical or illegal. In that case, you have the right to file a citizen’s complaint against the officer.
If you can challenge the arrest successfully, you can beat the charge, and your complaint as a citizen will be treated with equal importance. But be careful. Your complaints will also be verified and investigated.
Do not go for a false or random complaint lest you should be punished.
Finally, we are concluding our discussion here. Hope you have got your desired answer to the question of how to beat a resisting arrest charge. Resisting an arrest or defending an arresting officer is not so easy that it seems. It needs enough courage, logic, and of course strong self-defense mechanism in your brain and body.
There are no options to get your charge dropped except having a skilled and professional criminal defense lawyer by your side.