Resisting Arrest Without Violence
Resisting Arrest Without Violence
Resisting Arrest at the Time of Arrest—a Punishable Act
According to the jurisdictions, resisting arrest is associated with a criminal charge framed on individual who has performed certain acts against the law such as: 1) trying to escape from a police officer during the course of arrest; 2) trying to threaten an investigating officer with any form of physical violence at the time of arresting moment; 3) opting for a physical struggle to set himself free from the lock (enclosed in a police vehicle or handcuffed) made by the police officials; 4) attacking or injuring any police official performing his duty or arresting the culprit; and 5) Submitting a fake identification to the police during the process of investigation. In United States of America, resisting arrest is regarded as a distinct crime or charge apart from the previous offense committed by the arrested person.
Getting arrested by a police official is not a matter to ignore. Once things go beyond the limits, the person is having a higher probability to be charged again and again. Under Penal Law Section 205.30, a person trying to flee or even found arguing with the officer while arresting is charged with an offense of resisting arrest. People are unaware of the fact that if the actual underlining charge for the arrest is dismissed, the resisting charge still resumes and action against that charge will not be submerged. If a person is charged for making a resist during arrest, then it is the responsibility of a public prosecutor to prove that the convicted person is guilty. In order to reveal that the defendant is guilty, the persecutor must prove that the defendant has committed the act of prevention or argument at the time of arrest. He must also prove that whatever deed was performed against the authorized official was done with conscience.
In case the prosecutor fails to display the evidences, then the case is favored on the defendant side. If the defendant has made a resist for an unauthorized way of arrest, then the defendant cannot be charged for resisting arrest provided the defense attorney proves that the arrest was really unauthorized. On the other hand, if the original cause for the arrest is sensible, then the chances for the defendant to be convicted for making an arrest is more even after the dismissal of the original case.
In the state of New York, resisting arrest is characterized as a Class A misdemeanor which implies that the defendant is proved guilty is subjected to imprisonment for a period of one year along with the fine amount of $1,000 and a probation period of up to 3 years. In some cases, the defendants are more liable to receive probation for such act of resist. However, during the first offense, the convicted person can make a plea and substitute his imprisonment for community service provided if the case is not serious or extreme. In California, if the individual subjected to arrest attacks the concerned police official causing severe injuries, then the conviction is considered as a felony and punishable up to maximum of 3 years imprisonment and a penalty of above $ 2,000.
Being of aware of all the legal formalities can help a long way in avoiding unnecessary charges and fine. If charged under this crime, only an experienced defense attorney is capable of finding several defenses against this issue. The prime evidence for resisting arrest case is the officer who was present at the moment of the arrest. If the defense lawyer is not strong enough and skilful than the public prosecutor, then naturally the case is favored on the prosecution side. Hence, it is wise to seek the help of an experienced and well-popular attorney to handle the case of resisting arrest.